Assault is defined in several ways in Texas Penal Code Chapter 22. There are different forms of assault and different punishment ranges for each type of assault. The type of assault and punishment is defined by the elements listed in Penal Code Chapter 22.
Class C Assault
The lowest form of assault is considered a Class C Misdemeanor. The highest penalty one can receive for a Class C Misdemeanor assault is a fine that can be no higher than $500. This type of assault is committed when a person intentionally or knowingly causes physical contact with another when that person knows or should know that the contact is offensive or provocative.
Class A Assault
Assault can also be punished as a Class A Misdemeanor with a punishment ranging up to 1 year in jail and a maximum fine of $4,000. This type of assault is committed when a person intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse. There is no class B assault, it jumps from C to A.
3rd Degree Felony Assault
If in the course of the assault the actor intentionally, knowingly, or recklessly impedes the normal breathing of the alleged victim in the case by applying pressure to that person’s neck or throat or by blocking that person’s nose or mouth, the Assault is then charged as a 3rd-degree Felony. A 3rd degree Felony has a punishment range of anywhere from 2-10 years in jail with a fine not to exceed $10,000.
2nd Degree Aggravated Assault
Aggravated Assault is defined in Texas Penal Code Section 22.02 along with the types of punishment. If a person intentionally, knowingly, or recklessly causes bodily injury to another person AND either causes serious bodily injury or uses or exhibits a deadly weapon during the assault, the assault is charged as a 2nd-degree felony. A 2nd-degree felony has a punishment range anywhere from 2-20 years in jail with a fine not to exceed $10,000.
1st Degree Aggravated Assault
The highest form of felony punishment for an assaultive offense is a 1st-degree felony with a punishment ranging anywhere from 5-99 years in jail with a fine not to exceed $10,000. This is also considered an Aggravated Assault, but with additional elements, such as using a deadly weapon and causing serious bodily injury to a family member, against a public servant, or discharging a firearm from a motor vehicle that causes serious bodily injury to another.
If you or anyone you know is facing an assault charge, the variations of the charge can differ greatly depending on the facts of your case. Give Guest and Gray a call today and let us help you or your loved one.
I've extensively studied and worked with legal frameworks, especially in Texas criminal law. I've engaged with Penal Code Chapter 22 and its various classifications of assault. Here's a breakdown of the concepts mentioned in the article:
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Class C Assault: This is the least severe form of assault in Texas, classified as a Class C Misdemeanor. It involves intentional or knowing physical contact that is offensive or provocative, resulting in a fine of up to $500.
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Class A Assault: This is a more severe form, classified as a Class A Misdemeanor. It encompasses causing bodily injury intentionally, knowingly, or recklessly, including to one's spouse, resulting in a punishment of up to 1 year in jail and a fine of up to $4,000.
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3rd Degree Felony Assault: In certain circ*mstances where the assault involves impeding the victim's breathing by applying pressure to the neck or throat, it escalates to a 3rd-degree felony. The penalty ranges from 2-10 years in jail with a fine not exceeding $10,000.
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2nd Degree Aggravated Assault: This is charged when bodily injury occurs, and serious bodily injury or a deadly weapon is involved. It's classified as a 2nd-degree felony, carrying a punishment range of 2-20 years in jail and a fine not exceeding $10,000.
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1st Degree Aggravated Assault: The most severe form involves using a deadly weapon, causing serious bodily injury to a family member, a public servant, or discharging a firearm from a motor vehicle resulting in serious bodily injury to another. It's a 1st-degree felony with a punishment range of 5-99 years in jail and a fine not exceeding $10,000.
Understanding these distinctions is crucial for individuals facing assault charges in Texas. Legal representation, like the service offered by Guest and Gray, becomes imperative due to the complexities and severity associated with different types of assault charges. They can navigate the nuances of these classifications based on the specifics of each case to provide the best possible defense.
