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San Antonio Assault Lawyer

Offering Experienced Legal Representation

Assault charges include a wide range of crimes under Texas law. One thing they all have in common, though, is that they can result in serious criminal penalties. Expensive fines, probation, and even jail time are all possibilities if you are charged with assault in San Antonio. Working with an experienced criminal defense attorney is the only way to protect yourself and reduce or remove your charges during an assault case.

Violent crimes are considered especially dangerous under the law, and it’s not unheard of for Texas judges to seek the maximum penalties in assault cases. If you are facing an assault charge, you deserve a legal representative who will fight for your rights and create a defense strategy unique to your case.

The Hicks Law Firm is here to guide you through the criminal justice system and get you the outcome you deserve. For a free 20-minute initial consultation, call today at 210-985-8330.

How Does Texas Define Assault?

Assault is a broad term that covers multiple kinds of charges. “Simple assault” is assault without the use of a deadly weapon. Anything from threatening to harm someone to getting into a bar fight can lead to assault charges.

Simple assault is defined as the following:

Causing Bodily Injury

Intentionally and knowingly causing bodily injury is assault under Texas law. Bodily injury includes pain, illness, or the impairment of a physical condition. Cuts, scrapes, bruises, and other minor injuries do not qualify as serious bodily injury. Even if the assault leaves no visible wounds on the victim’s body, an individual can still be charged with assault.

The prosecution must show that the defendant intended to cause the injury or should have known they would cause the injury with their actions.

Threatening Imminent Injury

Intentionally or knowingly threatening imminent injury is a form of assault, even if no physical contact occurs. The victim must be in reasonable fear of imminent bodily injury. For instance, if a defendant threatened to punch an alleged victim and then took a step toward them with a fist raised, the defendant could be charged with assault.

Causing Offensive Contact

Offensive contact is any contact that the defendant knows may be provocative or offensive. The defendant must knowingly and intentionally cause physical contact with another person. Any contact that accidentally offends another person does not constitute assault.

What Are the Penalties for an Assault Charge?

Most assault cases are classified as misdemeanor charges. Aggravating factors, like the presence of an injury, can increase those charges. Some aggravating factors can even elevate a misdemeanor assault to a felony offense.

The penalties for an assault charge include:

Misdemeanor Simple Assault

Threatening bodily harm or knowingly causing offensive contact is a Class C misdemeanor. With no other aggravating factors, a Class C misdemeanor carries fines of up to $500.

If the victim is a sports participant or the assault is in retaliation for a sports performance, the charge can be elevated to a Class B misdemeanor. This charge carries fines of $2,000 plus a maximum of 180 days in jail.

If you have caused bodily harm to another person with no other aggravating factors or you have caused offensive contact to an elderly person, you may be charged with a Class A misdemeanor. This misdemeanor carries penalties of one year in jail and fines of $4,000.

Felony Simple Assault

Third-degree felony assault charges carry up to ten years in prison and $10,000 in fines. You may be charged with a third-degree felony in the following circumstances:

  • The victim is a public servant, or the assault is in retaliation for an official duty
  • The victim contracts with the state for family services
  • The victim is your family member, spouse, or significant other, and you have a prior similar conviction
  • The victim is a security officer acting within the scope of their duty
  • The victim is an emergency services personnel providing emergency services

A second-degree felony assault charge carries penalties of two to 20 years in prison and $10,000 in fines. You could be charged with a second-degree felony if any of the following are true:

  • The victim is your family member, spouse, or significant other
  • You have a prior conviction for assault against a family member or spouse
  • You allegedly choked your victim

How Do You Defend Against Assault Charges?

Assault charges are violent crimes with serious penalties. However, there are ways you can defend yourself against them to reduce or remove your charges. Your specific defense strategy will depend on your criminal history and the circumstances of your case.

The most common ways to defend against an assault charge include:

Defense of Others

The law allows you to use force if you are defending the lives of others. Even if you cause bodily harm, it is justified by the defense of others.

Self-Defense

You can use force to defend yourself if you believe you are in danger. You must use reasonable force to protect yourself.

Consent

You cannot be charged with assault if the other person consented to the act. For instance, you could not be charged if the victim agreed to a boxing match with you.

Do You Need a Defense Attorney for an Assault Charge?

Assault charges carry severe criminal penalties under the law. A conviction can have a serious impact on your life, including jail time, fines, and a mark on your permanent record. Working with a defense attorney is the best way to get the outcome you deserve in a criminal case.

Please don’t feel like you must navigate the criminal justice system on your own. Contact The Hicks Law Firm by calling 210-985-8330 today.