Dallas Federal Criminal Attorney

Assault Crimes in Texas

Assault is one of the most commonly prosecuted crimes in Texas. Assault is most generally defined as an attempt to hurt someone physically. A more appropriate general definition includes someone using the threat of force or the actual use of force in making another apprehensive of harmful or offensive contact. Assaults are typically classified in one of three ways: 1) assault by contact; 2) assault with bodily injury; and 3) aggravated assault. Assault by contact includes any threatened or actual offensive touching, such as attempting to or actually spitting on another person. Assault with bodily injury requires that the alleged victim actually have suffered pain and/or bodily injury. Aggravated assault is distinguished by the alleged presence of either 1) use of a deadly weapon (such as a gun); or 2) the victim actually suffering serious bodily injury. Aggravated assault with a deadly weapon may be committed even if the victim was not physically hurt.

Felonies are crimes that are usually punishable by more than a year in prison. Misdemeanors are crimes that are usually punishable by less than a year of incarceration and/or a fine.

Some misdemeanors are punishable by only a fine. Assaults can be charged and/or prosecuted as either misdemeanors or felonies depending upon the specific circumstances of the alleged crime. Aggravated assaults are typically the only assault charges that are charged and/or prosecuted as felonies. Repeated assaults involving domestic violence can result in felony charges and/or prosecution. Please see our Domestic Violence page for more information regarding assaults involving domestic violence.

Possible defenses to an assault charge include: 1) self-defense; 2) defense of a third person; and/or 3) false allegation. Self-defense involves an admission of the physical act associated with the assault charge but rests upon the position that the act was legally justified because of the threatening or aggressive conduct of the person allegedly assaulted. Core self-defense questions include:

Who was the aggressor (who started it)?
Was there a "reasonable belief" that the use of force was necessary to avoid the danger posed?
If the belief was a reasonable one, was the force used "reasonable"?

Defense of a third person is akin to self-defense in that the success of the defense depends in large part upon whether or not the person defended would have had the legal right to engage in the actions that the individual charged engaged in. As with every other criminal allegation law enforcement and prosecutors must be certain that they have accused the right person (i.e., the person that actually engaged in the allegedly criminal act). False allegations include both misidentifications and scenarios where alleged victims and witnesses are simply not honest about the allegations of assault. In other cases, the alleged assault may have been accidental, or the accuser may have misinterpreted the defendant's actions. The defense of property may even be a viable defense to a charge of assault. Finally, mitigating circumstances could help reduce the defendant's responsibility as well. Because each case is unique potential defensive strategies must be discussed with an experienced Dallas criminal attorney.

A conviction for any type of assault can result in significant time in jail or prison, expensive monetary fines, the inability to apply for and/or hold certain types of employment, the loss of the right to own and/or possess a firearm, and lengthy probation or parole complete with expensive fees and time consuming counseling. If you or your loved one has been charged with any type of assault, it is important to speak with an aggressive attorney who has experience in successfully defending all types of assault charges. Contact the aggressive Dallas criminal attorneys at the Law Offices of Dallas Criminal Attorney for a free initial consultation. We have the skill, knowledge, and experience to help!