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Assault Charge Defense Lawyer in Houston

Have you been charged with Assault?


If you have been charged with assault you need to contact Blass Law, Houston Assault Lawyers. We are going to act immediately to help you. Jay Blass Cohen is an experienced Assault Crimes Defense lawyer who has handled every type of assault charge. Our goal is to get your case dismissed.

What is assault?

Assault is either a violent act or a threat of a violent act against another. These are serious cases because they involve violence. If the assault occurred against a family member as defined below, they are even more serious. The district attorney’s office has an entire division dedicated to assault family violence cases.

How does the law define assault?


Assault is defined in Section 22.01 of the Texas Penal Code.
(a)    A person commits an offense if the person:
(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.

Assault in Texas

Assault

What is the punishment for assault?

Assault Punishment & Penalties in Texas

Texas Assault Penalties

Elements Offense Level Maximum Fine Range of confinement
Causes bodily injury to another, including the person’s spouse Class A Misdemeanor Up to $4,000 Up to 1 year county jail
Threatens another with imminent bodily injury, including the person’s spouse Class C Misdemeanor Up to $500 None
Causing physical contact that the other will regard as offensive or provocative Class C Misdemeanor Up to $500 None

 

How does the law define aggravated assault?

Aggravated assault is defined in Section 22.02 of the Texas Penal Code.

(a) A person commits an offense if the person commits assault as defined in Section 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.

Who is considered a family member in Texas?

In Texas, an assault charge is enhanced and considered family violence when it involves a family member, dating relationship, or a member of the person’s household. Family member is defined in the Texas Family Code Section 71.0021(b), 71.003, and 71.005. This can get pretty confusing so we recommend contacting Blass Law at 713-225-1900 so we can help.

Section 71.0021(b) defines a “dating relationship” as a relationship between individuals who have or have had a continuing relationship of a romantic or intimate nature. The existence of such a relationship shall be determined based on consideration of:

(1) the length of the relationship;

(2) the nature of the relationship; and

(3) the frequency and type of interaction between the persons involved in the relationship.

Section 71.003 defines “Family” as individuals related by consanguinity or affinity.

Consanguinity

(a) Two individuals are related to each other by consanguinity if:

(1) one is a descendant of the other; or

(2) they share a common ancestor.

(b) An adopted child is considered to be a child of the adoptive parent for this purpose.

Affinity

(a) Two individuals are related to each other by affinity if:

(1) they are married to each other; or

(2) the spouse of one of the individuals is related by consanguinity to the other individual.

(b) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.

Household

“Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.

What is the punishment for assault against a family member?

When an assault involves a family member, it is considered family violence, it becomes much more serious. The district attorney’s office has an entire division dedicated to prosecuting assault family violence cases.

Assault Against a Family Member Punishment & Penalties in Texas

Texas Assault Family Violence Penalties

Elements Offense Level Maximum Fine Range of confinement
Causes bodily injury to a family member Class A Misdemeanor Up to $4,000 Up to 1 year in county jail
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, when that person is a family member Third degree felony Up to $10,000 Two years to ten years in prison
Second offense of assault causing bodily injury to a family member Third degree felony Up to $10,000 Two years to ten years in prison