Assault Definition Texas

In this article, Varghese Summersett`s lawyers break down the different types of assault charges in Texas and answer some of your most pressing questions. In Texas, assault charges are common. Some may say this because Texans love to fight, especially in places where alcohol circulates freely. And while this may be true, the reality is that assault charges cover a wide range of behaviors that are not taking turns or punching. For example, in Texas, you may be charged with assault because you spat on someone or simply threatened to harm them, but you are not actually executed. Texas will charge a person with assault if they injure or threaten to injure or threaten another person recklessly, knowingly or intentionally. In addition, allegations of assault may result from provocative or offensive physical contact with another person. Class B offence: A Class B offence is punishable by up to 180 days in prison and a fine of up to $2,000. Although rare, a Class B offense in Texas is defined as a non-athletic actor who threatens an athlete with bodily harm or causes offensive contact with a sports participant.

A charge of assault can become a crime depending on the type of person being attacked or the type of attack. Criminal bodily harm includes injuries sustained by a child, an elderly person, a person with a disability or a member of his or her family, as well as by officers such as police officers or judges. In addition, you can also be charged with a crime or serious bodily injury if the attack intentionally caused serious bodily harm or if a lethal weapon was used in the attack. The old distinction between assault and assault against injury at common law – “common law” is the term used for laws derived from precedents established in the judicial system and not codified (adopted by legislators) in a statute. Common law crimes originated in England and eventually found their way to the United States. When a decision is rendered in a case, the opinion has had a binding effect on cases decided later, and the principle that judges are required to respect a rule of law created in a similar earlier case is called stare decisis. Today, many crimes that have their origin in the common law are listed in state and federal laws. Traditionally, common law assaults occurred when a person intentionally or knowingly placed another person in a reasonable apprehension of imminent harmful or offensive contact and the person had the current and obvious capacity to cause the harmful or offensive contact. For example, if you hit someone and missed them (and were close enough to possibly hit them), you`d probably be guilty of common law bodily harm. On the other hand, a violation of the common law occurred when a person intentionally or knowingly caused harmful or offensive contact with another person or a logical extension of that person.

For example, hitting someone in the face would certainly be a common law battery. The logical extension of the law is interesting because you don`t really need to get in touch with the person`s body. Intentionally hitting a book or umbrella with someone`s hands can result in a battery charge. Remember: according to the common law, the crucial difference is that there is no contact during an attack, but contact with the other person (or a logical extension of that person`s body) occurs during a battery. Just because someone has been charged with assault does not mean they are guilty. There are many defenses that can be raised in an attack case, including self-defense, defense of others, defense of property, coercion, and necessity. Assault is a crime that can result in harsh penalties in Texas. If you have been charged with assault, you will need an experienced defense lawyer to represent you. Class B offence when a person commits an attack against a person who is a sports participant during a performance or in retaliation for a performance. If you or a loved one is charged with assault, it is important that you be represented by an experienced lawyer.