Assault - Bodily Injury

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Tarrant County Assault Criminal Defense Attorney

Experienced Assault Criminal Defense in Tarrant County and the Dallas – Fort Worth Area

Chapter 22 of the Texas Penal Code details assaultive offenses. Section 22.01 Assault of the Texas Penal Code specifically lists a variety of prohibited conduct generally referred to as assault, such as, simple assault, assault causing bodily injury, assault against a public servant, and assault impeding breath or circulation. Due to the violent classification of assaultive offenses, you need a great criminal defense lawyer to defend you, your rights, and your freedom. The dedicated Tarrant County Criminal Defense Attorneys with The Law Office of David Sloane are ready to fight for you!

Assault Causing Bodily Injury – Texas Penal Code § 22.01(a)(1) Assault

Pursuant to Texas Penal Code § 22.01(a), a person commits Assault Causing Bodily Injury if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.

Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.

Assault Causing Bodily Injury is a Class A Misdemeanor, punishable up to one year in the county jail and a fine up to $4,000. To learn more, visit Tarrant County Misdemeanor Criminal Defense Attorney.

Simple Assault – Texas Penal Code § 22.01(a)(2), (3) Assault

Under Texas Penal Code §§ 22.01(2), (3) a person commits simple assault if the person: (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 the other will regard the contact as offensive or proactive.

Typically, Simple Assault is a Class C Misdemeanor, punishable up to a $500 fine; however, under special circumstances, it may be enhanced. Simple Assault is enhanced to a Class B Misdemeanor if the offense is committed against an active sports participant or in retaliation for their performance. Simple Assault is enhanced to a Class A Misdemeanor if the offense is committed against an elderly or disable person, or a pregnant person to force the person to have an abortion. 

What is a Family Violence Finding?

An affirmative Family Violence Finding, often referred to as domestic violence, occurs when the assault was committed against a family member, household member, or current/ previous intimate partner. 

An affirmative Family Violence Finding has devastating lifelong consequences, such as loss of second amendment rights to own, possesses, or purchase firearms, future exposure to possible criminal punishment enhancements, and unique impacts on probation eligibility and conditions. 

Assault and Battery vs Assault – What is the Difference in Texas?

Although commonly used together or interchangeably, there is an important distinction between Assault and Battery under Texas criminal law – Battery is technically not a criminal offense. 

Under common law (think medieval England), Assault and Battery were two different criminal offenses. Common law assault occurred when a person placed another in apprehension of imminent harmful or offensive contact; whereas, common law battery occurred when a person caused harmful of offensive contact. 

Under Texas criminal law, Assault and Battery have been combined under Texas Penal Code § 22.01 – Assault. 

So, although battery is not a criminal offense under Texas criminal law, the conduct common law battery prohibited is still outlawed under the Texas assault statute. Therefore, we refer to Assault and Battery, as Assault under Texas criminal law.

Common Assault Defenses

Even if your actions meet the legal elements necessary to support a conviction for assault, you may have a legal defense to protect you. Common assault defenses include:

  • Self-Defense (Texas Penal Code § 9.31) – A person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use of force.
  • Defense of Others (Texas Penal Code § 9.33) – A person is justified in using force against another to protect a third person if the actor would be justified in using force to protect themselves against the unlawful force he seeks to protect the third party from and if intervention is immediately necessary. 
  • Protection of Property (Texas Penal Code § 9.41) – A person is justified in using force against another when and to the degree necessary to protect one’s property.
  • Consent (Texas Penal Code § 22.06) – The victim’s effective or apparent consent to the actor’s conduct is a defense to assault if the conduct did not threaten or inflict serious bodily injury. This is also commonly referred to as mutual combat.

How to Fight - Contact Us for a Free Consultation with our Tarrant County Assault Criminal Defense Lawyers

If you or a loved one are facing an assault accusation, you need excellent criminal defense representation. An assault conviction carries severe potential consequences, such as loss of freedom, future enhanced criminal liability, and life-long criminal record. The Tarrant County Assault Criminal Defense Attorneys with The Law Office of David Sloane are here for you! 

Our Tarrant County Assault Criminal Defense Lawyers have helped thousands of clients fight Assault related offenses in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as:

Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County Assault Criminal Defense Lawyers at The Law Offices of David Sloane!

  • Falsification of Drug Test Results Reduced to Class C Non-Reporting Probation
  • Keeping a Gambling Place & Intentionally & Knowingly Operate a Game Room Charges Dismissed
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  • Possession of Marijuana <2oz Case Dismissed, Motion to Suppress Granted
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