Assault Charges

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Assault - Houston Criminal Defense Attorney

In the State of Texas, an assault charge involves physical contact between two people and an allegation of harm or pain resulting from the physical contact;

Assault Under the Texas Penal Code

Section 22.01 ASSAULT.

(1) Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;

(2) Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or

(3) Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Often when someone is charged with assault, there are several different versions of what happened. Usually only  one version is included in the police report.  Officers seldom ask the accused or other witnesses about what happened. Sometimes the only way to have an opportunity to tell your version of what happened is in court.  This is why it is crucial you have a tough attorney in your corner – if your case is set for trial, you want a Lawyer like Tristan LeGrande in your corner.

Under Texas law you can be charged for assault for simply saying you are about to hurt a person, and that person has a reasonable fear that you will actually hurt them. A simple disagreement may turn into criminal charges, and heated verbal fights can be criminal assault.

When Assault is a Misdemeanor

Section 22.01(a)(1) – by intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse [the offense is a Class A Misdemeanor – unless the offense fits one of the Felony provisions of the code listed below].

Section 22.01(a)(2) or (a)(3)- by intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse, or intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. [the offense is a Class C Misdemeanor].

  • Except – It is a Class A Misdemeanor if the offense is committed against an elderly individual or disabled individual or a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either.
    • (A) while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant; or
    • (B) in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.

When an Assault is a Felony

An offense under Subsection (a)(1) is a third degree felony if the offense is committed against:

(1) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(2) a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code, if:

(A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code; or

(B) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;

(3) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract;

(4) a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(5) a person the actor knows is emergency services personnel while the person is providing emergency services.

(b-1) Notwithstanding Subsection (b)(2), an offense under Subsection (a)(1) is a felony of the second degree if:

(1) the offense is committed against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code;

(2) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Section 71.0021(b) (Dating Violence), 71.003(Family Violence), or 71.005 (Persons living in the same household), Family Code; and

(3) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

Assault cases require a very fact specific analysis

Preparing your defense against an assault charge is crucial.  In an assault case, witness testimony, physical evidence and your prior history will be crucial considerations.  You need a strong defense attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial.  Assault cases are prosecuted harshly in Texas, let LeGrande law fight for your defense!

Assault charges may take the form of any one of the following:

  • Assault and battery
  • Aggravated assault
  • Assault With a Deadly Weapon (Includes threats)
  • Threats of a Deadly Weapon
  • Fights involving serious bodily injury & weapons (guns, knives, etc.)
  • Domestic assault
  • Spousal abuse

Criminal Defense Attorney Tristan LeGrande Fights Assault Charges

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Houston criminal defense attorney Tristan LeGrande is ready to sit down and review your case if you’ve been charged with the criminal offense of assault.  Again, these are

Attorney Tristan LeGrande offers free consultations, a litany of experience, and an aggressive defense. If you need to talk, don’t hesitate to call 281-684-3500 to schedule a meeting.  We are here to help!

281-684-3500

Assault Crimes | Houston Criminal Defense Attorney

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