HOUSTON’S BEST ASSAULT AND AGGRAVATED ASSAULT ATTORNEY
QUESTIONS ABOUT YOUR ASSAULT AND AGGRAVATED ASSAULT CASE?
Houston Criminal Defense Attorney Jerome Godinich has a long history of defending the constitutional rights of those accused of Assault or Aggravated Assault. If you know someone facing prosecution for Assault or Aggravated Assault, contact Houston Criminal Defense Attorney Jerome Godinich to discuss your legal options.
Many states treat Assault and Battery as two separate offenses, while others combine them into a single offense. In Texas, the elements Assault and Battery are the same, however there are many different classifications for variations of the offense.
A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
(3) Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. The offense is considered “aggravated assault” if it results in serious injury OR a weapon is used in the commission of the assault. The offense is a Class C misdemeanor if a person threatens another with bodily harm or causes physical contact in a provocative or offensive way, and no other aggravating factors are present.
• The punishment range for Class C Misdemeanor Assault is: a fine of up to $500. The offense is a Class B misdemeanor if a person commits assault against someone who is a sports participant during a performance or in retaliation for a performance.
• The punishment range for Class B Misdemeanor Assault is: Up to 180 days in jail and a fine of up to $2000.
• The offense is a Class A misdemeanor if a person causes bodily injury to another, and no other aggravating factors are present; OR if a person causes physical contact in a provocative or offensive way against an elderly individual. The punishment range for Class A Misdemeanor Assault is: Up to 1 year in jail and a fine of up to $4000.
The offense is a 3rd degree felony if act committed against:
• A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
• A family member, member of the household, or dating relationship if defendant has been previously convicted of a similar offense, or if the offense was committed by intentionally or recklessly choking the victim;
• A person who contracts with the government for certain family services (such as Child Protective Services) acting in their official duties, or who is retaliated against for said duties;
• A person the actor knows is a security officer performing within the scope of their duties; or
• A person the actor knows is emergency services personnel while the person is providing emergency services.
The punishment range for 3rd degree felony assault is up to 10 years in prison and a fine of up to $10,000.
The offense is a 2nd degree felony if:
• Offense is committed against a family member, member of the household, or dating relationship;
• Defendant has been previously convicted of a similar offense against an individual described above; and
• Offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth (choking).
Assault is also a 2nd degree felony if it is considered “Aggravated”
The punishment range for 2nd degree felony assault is 2 to 20 years in prison and a fine of up to $10,000.
The offense is a 1st degree felony if aggravated assault is committed against:
• Someone with whom you have a domestic relationship; or
• A public official, police officer, emergency worker, security guard, witness, or informant.
The punishment range for a 1st degree felony (aggravated) assault is 5 years to life in prison.