There are different levels of assault. Simple assault is defined as basically anyone causing offensive contact to another person when they know or should have known that the other would regard it as offensive. It does not involve injury; it does not necessarily involve violence or anything really physical. It is just any kind of touching that someone could feel as offensive such as grabbing the arm if a person did not want to be touched or brushing a hand against a part of the body that is considered more personal like the buttocks or breast area. Anything like that or any other touching, which a person regards as offensive and the person touching the other knew or should have known, would be regarded as offensive. That is a Class C misdemeanor and is punishable by a fine up to $500 which should be addressed with the help of a Fort Worth assault lawyer.
Levels of Assault in Texas
Such an offensive act is the same level as a traffic ticket. However, it can result in a criminal record. The offense name shows up as “assault” and looks bad on a person’s record. However, it can be used as an alternative result to a more serious assault charge such as a Class A misdemeanor Assault Bodily Injury. Sometimes, those cases are reduced to simple assault Class C level and if it is a deferred adjudication resolution that a person successfully completes, it can be expunged or wiped clean from their record.
Does Someone Actually Have To Be Physically Injured For A Charge To Be Made?
No, there does not have to be any injury, especially for simple assault. Assault with bodily injury is the most common offense people think of when they think of assault, that is a Class A misdemeanor. That is defined as anyone who intentionally, knowingly or recklessly causes bodily injury to another person, that is considered a Class A assault. Bodily injury is very liberally defined and includes things that people would not normally think of as injuries. Any contact which causes temporary pain, for a brief period of time, is considered bodily injury under Texas law. It does not have to cause any marks, cuts, abrasions, or bruising. It does not have to be protracted pain or cause you to have any limited use of your limbs or anything for any period of time. Even a pinch, a hard slap to the back, a punch to the shoulder, without causing any type of mark, bruising, cut or abrasion will come under bodily injury. Even if the person says they feel pain from that, which is bodily injury under Texas law.
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