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.

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

Sec. 22.02. AGGRAVATED ASSAULT.

(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:

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

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;

(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant’s office or employment;

(B) against 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;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;

(D) against a person the actor knows is a process server while the person is performing a duty as a process server; or

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

(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or vehicle is occupied; and

(C) in discharging the firearm, causes serious bodily injury to any person.

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer.

(d) In this section:

(1) “Process server” has the meaning assigned by Section 156.001, Government Code.

(2) “Security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

SELF DEFENSE

Texas Penal Code 9.31

(a) A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of use of unlawful force. An actor’s belief that force was immediately necessary as described is presumed to be reasonable if the actor:

(1)  knew or had reason to believe that the person against whom the force was used:

(A)  unlawfully and with force entered, or was attempting to enter unlawfully and with force, the actor’s occupied habitation, vehicle, or place of business or employment;

(B)  unlawfully and with force removed, or was attempting to remove unlawfully and with force, the actor from the actor’s habitation, vehicle, or place of business or employment; or

(C)  was committing or attempting to commit aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery;

(2)  did not provoke the person against whom the force was used; and

(3)  was not otherwise engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic at the time the force was used.

(b)  The use of force against another is not justified:

(1)  in response to verbal provocation alone;

(2)  to resist arrest/search the actor knows is being made by a peace officer…unless resistance justified under (c)

(3)  if the actor consented to the exact force used or attempted by the other;

(4)  if the actor provoked the other’s use or attempted use of unlawful force, unless:

(A)  the actor abandons the encounter, or clearly communicates to the other his intent to do so reasonably believing he cannot safely abandon the encounter;  and

(B)  the other nevertheless continues or attempts to use unlawful force against the actor;  or

(5)  if the actor sought an explanation from or discussion with the other person concerning the actor’s differences with the other person while the actor was:

(A)  carrying a weapon in violation of Section 46.02;  or

(B)  possessing or transporting a weapon in violation of Section 46.05.

(c)  The use of force to resist an arrest or search is justified:

(1)  if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search;  and

(2)  when and to the degree the actor reasonably believes force is immediately necessary to protect himself against peace officer’s (or other person’s) use or attempted use of greater force than necessary.

(d)  The use of deadly force is not justified…except as provided in Sections 9.32, 9.33, and 9.34.

(e)  A person who has a right to be present at the location where the force is used, who has not provoked the person against whom the force is used, and who is not engaged in criminal activity at the time the force is used is not required to retreat before using force as described by this section.

(f)  For purposes of Subsection (a), in determining whether an actor described by Subsection (e) reasonably believed that the use of force was necessary, a finder of fact may not consider whether the actor failed to retreat.

WANT TO WIN YOUR CASE?

FACT SPECIFIC ANALYSIS IS ESSENTIAL

LEGRANDE LAW HAS A TRACK RECORD OF WINNING 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.

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

281-684-3500

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