Defining Assault and Battery in Texas
Have you been accused of assault or battery in Texas? People who look into defining assault and battery in Texas often face accusations that they have committed assault or domestic violence. Often they want to understand what the State will have to prove before a charge of assault and battery can be proven against them.
Wondering how Texas defines assault and battery is normal when you are accused of assaulting someone. After an accusation you need an expert criminal defense attorney to help through each stage of the process.
In Texas, the definition of an assault depends on the type of assault that is committed. A traffic ticket assault is defined as offensive touching. For example, grabbing someone’s nose would be considered a Class C misdemeanor. Causing any sort of pain would be considered causing bodily injury. Even if there were no visible marks, such as a black eye or bruising, bodily injury could still be considered to have occurred; the question is whether or not there was physical pain involved. If there was, then it would be a Class A misdemeanor and result in an arrest.
If a person assaults someone with whom they share a familial or romantic relationship, then that assault would be considered an offense of domestic violence. It would also be considered an offense of domestic violence if it was inflicted upon a person with whom the perpetrator lives.
Aggravated assault with a deadly weapon is a felony assault and occurs when a deadly weapon is used in a means consistent with causing death or serious bodily injury. There is also the charge of aggravated assault and serious bodily injury. Serious bodily injury is defined as an injury that results in some loss or impairment of bodily function. A scar, a broken leg, a broken nose and a shattered eye socket all can be considered serious bodily injury.
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What Are Some Factors That Can Enhance Or Aggravate Assault And Battery Charges?
There are different ways in which an assault can become a felony assault. Domestic violence assault has become increasingly criminalized. If a person commits domestic violence against a wife, it is considered is a Class A misdemeanor assault with a domestic violence designation. This type of case is most often dismissed. If you plead guilty to your first domestic violence offense, it could become a felony offense. As a result, you would essentially be making your next crime a felony even if you were to get deferred adjudication.
If you receive deferred adjudication and then receive a second domestic violence offense, then it is a third-degree felony. If the second offense occurs within one year of the first, then it can be considered continuous domestic violence.
Does An Alleged Victim Have To Be Injured In Order For Assault Charges To Be Brought?
In order for assault charges to be brought in Texas, there must be bodily injury. Unfortunately, the definition of bodily injury, in Texas is very broad. It is defined as anything that causes pain. A slap across the face that leaves no permanent scar can be bodily injury because it caused pain. We address these types of cases by showing that the state must prove that the slap actually occurred.
What are Some Possible Defenses That Are Used In Assault Cases? IS Self Defense Ever Used?
Criminal defense attorneys make use of several arguments in while defending assault accusations. The first defense is to argue that there is insufficient evidence to show that the assault actually occurred. The question is going to be whether or not the state can prove beyond a reasonable doubt that the assault occurred. If it can be proven beyond a reasonable doubt, then we have to address whether or not it was justified.
In Texas, a misdemeanor assault occurs when you intentionally, knowingly or recklessly cause bodily injury to another. The state must prove that the assault occurred without justification. In Texas, you are allowed to defend yourself if someone is hitting you. In other words, reasonable force can be used against unjustified force. If someone is using force that will cause bodily injury against you, then you can respond with the same amount of force. Gender does not matter; what matters is who started it and whether or not it was a justified assault.
For more information on Assault & Battery Charges In Texas, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (210) 229-8300 today.
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