Most people in Houston never mean to injure someone else especially on purpose. But when emotions become heated arguments can ensue. Sometimes a person feels threatened or insulted, so they may make threats back or perhaps even get to the point where both parties are involved in a physical altercation. When this happens, one or both parties may be charged with assault.
Assault involving physical injury
Texas law states that if a person intentionally, knowingly or recklessly physically injures someone else, this is the crime of assault. Some other states designate this crime as battery to differentiate it from assault, but in Texas it is an assault crime. Under Texas law, this type of assault is a Class A misdemeanor, although it is a third-degree felony or a second-degree felony in certain specific circumstances.
Assault involving threats of physical injury
Texas law also states that if a person intentionally, knowingly or recklessly threatens to imminently and physically injure someone else, this is the crime of assault. Many other states also recognize such threats as the crime of assault. Under Texas law, this type of assault is a Class C misdemeanor, although it may be a Class A misdemeanor or a Class B misdemeanor in certain specific circumstances.
Assault involving offensive or provocative touching
Finally, Texas law also states that if a person intentionally, knowingly or recklessly physically contacts someone else in a way where the actor knows or should reasonably know would be offensive or provocative, this is an assault crime. Many other states also view this as assault, albeit a lesser assault crime than those described above. Under Texas law, this type of assault is a Class C misdemeanor, although it may be a Class A misdemeanor or a Class B misdemeanor in certain specific circumstances.
Protect your rights
Being charged with assault can be a distressing experience, especially if you feel like you were threatened or provoked. Unfortunately, even misdemeanor charges can significantly impact your life, due to jail time, fines and other penalties. If you are charged with assault you will want to make sure you have the information and guidance needed to develop a strong defense strategy in your favor.
