Texas Penal Code section 22.01 addresses the crime of simple assault. In short, a simple assault occurs when one person commits an intentional act that causes another person to believe that he or she is about to suffer physical harm. For example, holding a closed fist in front of the face of somebody and threatening that person with physical harm qualifies as an assault. According to our our assault attorney San Antonio, a person can be charged with assault in Texas in one of the following ways:
- By causing the imminent apprehension of harmful or offensive contact.
- Intentionally causing harmful contact.
- Intentionally causing offensive contact.
Penalties
A simple assault that causes a minor injury is ordinarily charged as a class A misdemeanor that is punishable by up to 364 days in jail and a fine of up to $4,000. If the offense is charged as a class B misdemeanor, it’s punishable by up to six months in jail and a fine not to exceed $2,000. If charged as a class C misdemeanor there is a fine of up to $500. There are times when prosecutors might want to upgrade the offense to a felony. For example, an assault committed on a public servant, a government worker, an emergency worker or a security guard might be charged as a felony. If the assault is charged as a class 3 felony, it’s punishable by between two and 10 years in prison and a fine of up to $10,000.
Defenses
There are several defenses that are available to a person charged with an assault in Texas. The most commonly used defense is that of self-defense. Even on a conviction for simple assault, there can be collateral consequences involving employment, housing and educational opportunities. You’ll want an effective, aggressive and experienced assault attorney San Antonio representing you.
If you’ve been charged with any type of an assault anywhere in Bexar County, contact the Law Office of Jesse Hernandez right away at 210-907-8656 to arrange for a free consultation and case review. You can also use his online contact form.
