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.
When someone is accused of assault, there are usually several versions of what happened. Usually only one version is included in the police report. 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. Some types of assault, such as assault family violence, have collateral consequences if someone is convicted, or even pleads guilty to the offense.
MISDEMEANOR ASSAULT
Section 22.01(a)(1) – intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse [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)- 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. [Class C Misdemeanor].
- Except – 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.
FELONY ASSAULT
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.
AGGRAVATED ASSAULT
An assault becomes “aggravated” if serious bodily injury occurs, or, a deadly weapon is used or exhibited ruong the commission of the offense. Check out more information about aggravated assault offenses here.
SELF DEFENSE
In Texas, one defense to prosecution for a crime is known as justification. Under Chapter 9 of the Texas Penal Code, if an action is justified under the code, it excludes criminal responsibility. One such justification defense is known as “Self Defense.“
Under Texas law, a person may use force, including deadly force, to defend themselves or others from an imminent threat of unlawful force. The circumstances under which a person may use force in self-defense are outlined in the Texas Penal Code. The pertinent parts of the Texas Penal Code relating specifically to self defense is Section 9.31. Check out our page on self defense to find out more about using the justification of self defense in a criminal case.
WANT TO WIN YOUR CASE?
FACT SPECIFIC ANALYSIS IS ESSENTIAL
AT LEGRANDE LAW WE WIN ASSAULT CASES
Preparing your defense against an assault charge is crucial. Witness testimony, physical evidence and your prior criminal history will be the key considerations in your defense. You need an aggressive attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial. Attorney Tristan LeGrande will fight the accusations and hunt down the evidence essential for defending your case.