By Criminal Defense Lawyer Jeremy Rosenthal
(972) 369-0577
Assault is a result-based charge meaning the severity of the charge is normally commensurate with the degree of the alleged injury. Assault can range from offensive contact to murder.
The way to think of a result-based charge is the action can be the same but the result is different. For instance, if I punch another person and they are injured – then it would normally be a class a misdemeanor. Were I to throw the same punch and hit the same person and they actually died because of the punch – I might be liable for murder. Same action on my part – far different prosecution.
I’m not discussing affirmative findings of family violence which can also be attached to these types of charges in domestic assault cases. Those can materially alter and affect the case. You can read about affirmative findings of family violence here.
Chapter 22 of the Texas Penal Code controls assault related offenses while Chapter 19 controls murder and homicide. Murder and homicide are obviously more complex so I’ll discuss that in another article.
Offensive or Provocative Contact
- Class C misdemeanor
- Punishment is up to $500 fine only;
- Prosecuted either in municipal court or the Justice of the Peace.
Assault Causing Bodily Injury
- Class A misdemeanor
- “Bodily injury” means physical pain, illness, or any impairment of physical condition – Texas Penal Code 1.07(8);
- Punishment is up to 1 year of jail and up to $4,000 fine;
- Prosecuted in a county court at law;
- A judge or jury can give probation.
Enhanced Family Violence
- 3rd Degree Felony
- Occurs when a domestic assault is alleged with a prior affirmative finding of family violence;
- Punishment level is between 2 and 10 years TDC and fine not to exceed $10,000;
- Prosecuted in a District Court;
- A judge or jury can give probation depending on defendant’s criminal history.
Assault by Impeding the Airway or Choking
- 3rd Degree Felony
- “Impeding” is 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;
- Between 2 and 10 years TDC and fine not to exceed $10,000;
- Prosecuted by district court;
- A judge or jury can give probation depending on defendant’s criminal history.
Aggravated Assault
- 2nd Degree Felony
- Committed with either “serious bodily injury” or with the “use or exhibit” of a deadly weapon;
- “Serious bodily injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ – Texas Penal Code 1.07(46);
- Punishment is between 2 and 20 years TDC with fine not to exceed $10,000;
- Discuss probation eligibility with your lawyer.
*Jeremy Rosenthal is certified in criminal law by the Texas Board of Legal Specialization. He is recognized as a Super Lawyer by the Texas Board of Legal Specialization.
Posted by Jeremy Rosenthal, Esq. 