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FAQ

  • Assault

    • Is Aggravated Assault a Felony in Texas?

      In Texas, aggravated assault is a second-degree felony, punishable by between 2 and 20 years in prison and a fine of up to $10,000. Aggravated assault can also include threats of impending serious bodily harm while acting in a manner that puts someone else in fear and reasonable belief of an imminent attack. As this type of offense is considered particularly dangerous, it carries harsher penalties than a standard assault and is classified as a felony in Texas.

    • What Is Considered Battery in Texas?

      In the Texas Penal Code, assault and battery offenses are often combined under the term "assault," with varying degrees of severity based on factors such as the extent of harm inflicted and the presence of weapons. It's important to note that legal definitions and consequences may evolve, so it is advisable to consult an experienced Austin assault lawyer.

    • What Are the Penalties for Simple Assault in Texas?

      In Texas, simple assault is classified as a Class A misdemeanor, which can result in penalties including up to one year in jail and/or a fine of up to $4,000. If the assault involves threats or minor bodily injury, it could also be charged as a Class C misdemeanor, which carries a fine of up to $500.

    • Can I Get My Assault Charge Expunged?

      In Texas, it may be possible to have your assault charge expunged, but this depends on various factors, including the specifics of your case and the outcome of your trial. If you were acquitted or the case was dismissed, you might qualify for expungement. However, if you were convicted, your options may be limited, and it’s best to consult with an attorney for guidance on your eligibility.

    • How Does Self-Defense Work in Assault Cases?

      Self-defense is a valid legal argument in assault cases. It asserts that the use of force was necessary to protect oneself from imminent harm or danger. However, the force used must be reasonable and proportional to the threat faced. If you claim self-defense, you may need to demonstrate that you had a legitimate fear for your safety and that your response was justified.

    • Can Assault Charges Be Dropped?

      Yes, assault charges can potentially be dropped, but in the end, only the prosecutor or district attorney can drop the charges. This typically requires the cooperation of the victim or a compelling argument from a defense attorney. Factors that may influence this include lack of evidence, the victim not wishing to proceed with the case, or evidence supporting self-defense. Consulting with an experienced attorney can provide guidance on how to approach this.

    • What Is Misdemeanor Battery in TX?

      In Texas, the term "battery" is not explicitly used in the Texas Penal Code. Instead, the state combines "assault" and "battery" into the legal term assault under Section 22.01. When people refer to "misdemeanor battery" in Texas, they usually mean simple assault that is categorized as a misdemeanor.

    • What Constitutes Misdemeanor Assault in Texas?

      A person commits misdemeanor assault if they:

      1. Cause bodily injury to another person intentionally, knowingly, or recklessly (without serious injury).
      2. Threaten another person with imminent bodily injury (intentionally or knowingly).
      3. Engage in physical contact that the victim might find offensive or provocative (intentionally or knowingly).
    • When Does Assault Become a Felony in Texas?

      Assault becomes a felony when:

      • The assault results in serious bodily injury.
      • A deadly weapon is used.
      • The victim is a public servant, family member, or in a dating relationship, especially if there is a history of family violence.
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