Assault is defined as the act of intentionally placing the apprehension of harm in another person by threatening the use of force or actually using force, physically harming the individual involved or simply physically touching an individual with the intent to cause or injury to that person. For example, if a man runs up to a woman as if he is about to punch the woman, and the woman flinches or covers her face in anticipation of the punch, but the man never actually performs the punch, an assault has occurred. Similarly, the man could raise his arm to punch the woman, only to gently pat her on the back in jest, and this would still be an assault if the woman believed the man was about to punch her. However, an experienced criminal defense attorney, like at Law Office of Ian Michael Kuecker, PLLC, can help an individual facing assault charges. If you are currently facing assault charges and you want an experienced and knowledgeable attorney to help you with your case, please contact us.
What Are Common Defenses for Aggravated Assault?
Aggravated assault includes all the elements of assault, but includes an extra requirement. An aggravated assault occurs when an individual uses a deadly or dangerous weapon to perform the assault. For example, if a man holds a woman at gun point and the woman believes she was in harm's way, an aggravated assault occurred. Similarly, if the gun was a toy gun, or was never loaded, but the woman still believed she was in harm's way, an aggravated assault has occurred. However, to bring charges of aggravated assault, the prosecution must not only show an assault occurred, but that a deadly or dangerous weapon was used in the performance of the assault. An experienced criminal defense attorney, like the attorney at Law Office of Ian Michael Kuecker, PLLC, can help an individual facing aggravated assault charges.
Family Violence
Texas Family Violence laws and their punishment ranges can be found among Texas Penal Code: Family Violence provisions. Assault Family Violence charges in Texas carry punishment ranges that allow for a wide variety of outcomes and consequences. If you have been arrested for a family violence charge in Texas, contact me, a family violence defense attorney. As you can see from the punishment ranges listed below, assault family violence is serious, but a criminal defense attorney with a proven track record of success can guide you through the criminal justice system toward a good outcome that can potentially leave you with a clean record.
Misdemeanor Family Violence Charges in Texas
Class C Misdemeanor Assault Family Violence
- Equivalent to a traffic ticket
- Conduct is offensive or provocative but does not cause bodily injury
- Conduct against someone defined by Texas Family Code
- Assuming no enhancements apply
- Up to $500 fine, no jail time
Assault Family Violence
- Class A Misdemeanor
- Conduct caused bodily injury
- Conduct against someone defined by Texas Family Code
- Assuming no enhancements apply
- Up to $4,000 fine; up to 365 days in county jail; or up to 2 years of probation
Felony Family Violence Charges in Texas
Assault Family Violence Impede Breath or Circulation
- Also known as Assault Family Violence Strangulation
- Third-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct causes bodily injury specifically due to impeding the normal breathing or circulations 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
- Assuming no enhancements apply
- Up to $10,000 fine; 2 – 10 years prison; or 2 – 10 years of probation
Aggravated Assault Family Violence Texas
- Second-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct causes serious bodily injury OR involves the use or exhibition of a deadly weapon during the commission of the offense
- Assuming no enhancements apply
- Up to $10,000 fine; 2 – 20 years prison; or 2 – 10 years of probation
Aggravated Assault Family Violence Texas (enhanced due to conduct)
- First-degree felony
- Conduct against someone defined by Texas Family Code
- Conduct involves the use or exhibition of a deadly weapon AND causes serious bodily injury
- Assuming no additional enhancements apply
- Up to $10,000 fine; 5 – 99 years or life in prison; or 5 – 10 years of probation
Assault Family Violence with Previous Conviction
- Class A misdemeanor Enhanced to third-degree Felony
- Conduct causes bodily injury
- Conduct against someone defined by Texas Family Code
- Previous conviction of offense under penal code Ch. 19, 22, 20.03, 20.04, 21.11, or 25.11 committed against person defined by the family code
- Assuming no additional enhancements apply
- Up to $10,000 fine; 2 – 10 years prison; or 2 – 10 years of probation
- Third-degree felony enhanced to second-degree felony
- Conduct causes bodily injury specifically due to impeding the normal breathing or circulations 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
- Conduct against someone defined by Texas Family Code
- Previous conviction of offense under Ch. 19, 22, 20.03, 20.04, or 21.11 committed against person defined by family code
- Up to $10,000 fine; 2 – 20 years prison; or 2 – 10 years of probation
If you are facing charges of family violence, including assault or aggravated assault, you need an attorney with experience and legal knowledge to help you defend your good name. Law Office of Ian Michael Kuecker, PLLC has provided legal counsel to Galveston County and surrounding areas for over ten years with excellent results. If you have any doubts, just contact Law Office of Ian Michael Kuecker, PLLC today.
ASSAULT FREQUENTLY ASKED QUESTIONS
What are the penalties for an assault conviction?
The penalty for assault is determined by the charge of the assault. For example, an individual can be charged with misdemeanor assault, felony assault, felony aggravated assault or felony assault with a weapon. Each type of assault results in different penalties.
Misdemeanor assault is a Class A misdemeanor punishable by no more than one year in prison and/or a fine of no more than $4,000. However, third degree felony assault is punishable by 2 to 10 years imprisonment and/or a fine of up to $10,000. Additionally, the charge for misdemeanor assault can be increased to felony assault if the assault is committed against a family member or romantic partner, known public servant while he or she is performing his or her job, or a known security guard or emergency services worker while he or she is performing his or her job.
Felony aggravated assault or assault with a weapon is a second degree felony punishable by 2 to 20 years imprisonment. First degree felony aggravated assault is punishable by 5 years to life imprisonment. Similarly, felony aggravated assault charges can be increased to a first degree felony charge if the prosecution can show there is a history of family or Family Violence, the act was committed against public servant, security guard, informant or witness to a crime.
There are a number of defenses to assault, as well as arguments that an experienced criminal defense attorney can make regarding whether an assault actually occurred in the legal sense. If you are facing assault charges and you want a competent and knowledgeable attorney to defend you, please contact Law Office of Ian Michael Kuecker, PLLC immediately.
