Assault under Tex. Pen. Code § 22.01 occurs when individuals intentionally, knowingly, or recklessly causes bodily injury to others, purposely threatens them with imminent bodily injury, or intentionally causes physical contact with others that reasonably will be seen by them as offensive or provocative.
In certain circumstances, assault rises to the level of aggravated assault. Tex. Pen. Code § 22.02 defines aggravated assault as committing an assault and
· Causing serious bodily injury to another, or
· Using or exhibiting a deadly weapon in the commission of the assault
Serious bodily injury is any physical injury that causes death or a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of any bodily member or organ.
Aggravated assault is a second-degree felony under Texas law. Conviction on a second-degree felony can result in a prison sentence ranging from two to 20 years, as well as a maximum fine of $10,000. However, aggravated assault becomes a first-degree felony if:
· The individual uses a deadly weapon and causes serious bodily injury to a family or household member
· Committed by a public servant in the course of his or her employment or official duties
· Committed against a public servant whom the individual knows is a public servant acting in his or her official capacity
· Committed against a security officer acting in the course of his or her official duties
· Committed as retaliation for another acting as a witness, informant, or reporter of a crime
· The assault is committed while in a motor vehicle and knowingly discharges a firearm at a home, building, or vehicle with reckless disregard as to whether it is inhabited and causes serious bodily injury to another person
A first-degree felony conviction can result in a life sentence, a prison sentence ranging from five to 99 year, and a fine of up to $10,000.
The Peek & Toland criminal defense lawyers are here to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your criminal matter.