Our Fort Worth criminal defense lawyer is often asked about the differences between simple and aggravated assault in Texas.
People who are charged with assault are frequently confused about the difference. Although any assault charge is serious, an aggravated assault is likely to land you in jail while a simple assault may not. While a simple assault is a misdemeanor, an aggravated assault is a felony. If you are charged with the latter, the consequences can be very serious for your future.
Here are some of the key distinctions.
Aggravated Assaults In Texas
The felony charge of aggravated assault contains the same elements as a simple assault charge. However, there are additional elements.
If the perpetrator brandishes a deadly weapon during the assault or causes serious bodily harm to the victim, the offense becomes an aggravated assault. An aggravated assault conviction can impact your job prospects, and your ability to vote and buy a firearm.
The law defines a deadly weapon. Obviously, a gun is a deadly weapon but a knife can be a deadly weapon as can a dagger, mace, and even stilettos.
The deadly weapon definition includes anything else given the manner of the intended use of the weapon that is capable of causing death or serious bodily injury.
Is An Aggravated Assault A First Or Second-Degree Felony?
Aggravated assault is usually a second-degree felony as stated in Texas Penal Code. However, in certain circumstances, particularly domestic situations, it can be elevated to a first-degree felony, namely:
- The victim is a security officer who is on duty at the time the assault takes place;
- The victim inhabits the defendant’s household;
- The victim is related to the defendant. This can include a blood relative or a spouse and includes foster parents or foster children;
- The victim is dating the defendant;
- The defendant or the victim is a public servant acting in line with his or her office;
- The defendant is in a car or another vehicle at the time of the offense. He or she recklessly discharges a gun at a building, vehicle or home without knowing if it was inhabited and causes serious bodily injury to a victim.
Simple Assaults In Texas
Although a simple assault is less serious than a felony, there is also a range of misdemeanors. You may end up incarcerated even if you committed a misdemeanor.
A Class A misdemeanor carries a jail term of up to a year. However, a Class C misdemeanor is punishable by a fine of up to $500.
Simple assault in Texas consists of:
- Knowingly, intentionally, or recklessly causing another person bodily injury.
- intentionally or knowingly threatening another party with imminent bodily injury, or,
- intentionally or knowingly causing physical contact to another individual that the offender knows or reasonably should know will be treated as provocative or offensive by the victim.
Assault is taken very seriously in Texas. If you have been charged with this offense, please contact our Fort Worth criminal defense attorney to schedule a free evaluation, at The Medlin Law Firm we thrive to create personalized defenses according to your needs.
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