Charges for assault or battery in Texas can carry life-altering consequences, including jail time, fines, and a permanent criminal record. These allegations can impact your employment, housing, and personal relationships, even if the case does not result in a conviction. If you are facing criminal charges, securing an aggressive defense is critical.
A Dallas assault and battery lawyer from The Carmichael Law Firm PC provides legal representation for those accused of assault and battery. Understanding the law, the potential penalties, and possible defenses can help you take the proper steps to protect your rights.
Texas Assault Laws Explained
Texas law defines assault broadly, covering both physical injury and threats of harm. Under the Texas Penal Code, assault occurs when a person:
- Inflicts bodily injury on another person intentionally, knowingly, or recklessly;
- Threatens another with imminent bodily harm in a way that is intentional or knowing; or
- Engages in physical contact that is offensive or provocative, knowing the other person would find it so.
Texas does not have a separate charge for battery. All physical acts of harm fall under assault statutes. Many assume these are distinct offenses, but Texas law combines them into a single legal category.
Understanding Misdemeanor vs. Felony Assault in Texas
The classification of an assault charge depends on the severity of the alleged offense, the relationship between the parties, and whether aggravating factors are present.
Misdemeanor Assault Charges
A misdemeanor assault charge generally applies when no serious bodily injury occurs. These cases include:
- Class C misdemeanor. This offense involves threatening harm or making offensive physical contact with a conviction carrying a fine of up to $500.
- Class B misdemeanor. This applies when a person assaults a referee or sports official while they are working. The penalties include up to 180 days in jail and a fine of up to $2,000.
- Class A misdemeanor. This charge applies when someone causes bodily injury to another person. A conviction may result in up to one year in jail and a fine of up to $4,000.
Although these are considered lower-level offenses, they still carry significant consequences. A conviction could result in a criminal record, impacting job prospects and professional licensing.
Felony Assault Charges
A felony assault charge applies when serious bodily injury occurs, a weapon is used, or the alleged victim is part of a protected class, such as a law enforcement officer or family member. Texas classifies these cases as:
- Second-degree felony. This charge applies when an assault results in serious bodily injury or involves a deadly weapon. A conviction carries a penalty of 2 to 20 years in prison and fines of up to $10,000.
- First-degree felony. If the victim is a public servant, law enforcement officer, or family member, the penalties range from 5 to 99 years or life in prison.
A conviction often results in mandatory prison time and may strip individuals of their voting and firearm rights. Fighting these charges requires a strong legal defense.
Defenses a Dallas Assault and Battery Attorney Can Use Against Charges
Being charged with assault does not automatically result in a conviction. Several legal defenses may apply depending on the circumstances of your case, including:
- Self-defense. Texas law allows individuals to use force when necessary to protect themselves from immediate harm. The level of force used must be proportional to the perceived threat.
- Defense of others. This defense may apply if the accused acted to protect another person from imminent harm. The court will examine whether the response was reasonable under the circumstances.
- Consent. Mutual combat or prior consent can sometimes be a valid defense. This may apply in situations where both parties willingly engage in physical contact.
- Lack of intent. If the physical contact was accidental and not intentional, the charges may be reduced or dismissed. Assault requires proof that the defendant acted knowingly or recklessly.
- False allegations. Domestic disputes, personal conflicts, or revenge can lead to false accusations. Witness testimony, video footage, or other evidence can challenge these claims.
A strong defense can challenge the prosecution’s evidence and present a compelling argument for dismissal or reduced charges. Consulting an experienced Dallas assault and battery lawyer can help determine the best legal approach for your case.
Punishment and Consequences of an Assault Conviction
A conviction for assault in Texas can have repercussions that extend far beyond fines and jail time. Even after serving a sentence, individuals may face challenges that affect their personal and professional lives, such as:
- Employment restrictions. Many employers conduct background checks, and a violent offense can disqualify candidates from job opportunities. Industries like healthcare and education may have stricter hiring policies for individuals with criminal records.
- Housing difficulties. Landlords often deny rental applications to individuals with assault convictions, making it harder to secure stable housing. Some lease agreements also allow for eviction if a tenant is convicted of a violent crime.
- Loss of rights. Felony assault convictions can result in restrictions on firearm ownership and, in some cases, the loss of voting rights. These limitations can have long-term personal and legal consequences.
- Professional licensing issues. Doctors, nurses, teachers, and other licensed professionals may face disciplinary action, suspension, or revocation of their credentials due to a criminal conviction.
Even if a case does not result in a conviction, an arrest record can still create obstacles. In some situations, individuals may qualify for expungement or nondisclosure, but this is not guaranteed. Understanding these consequences is essential when deciding how to proceed with an assault charge defense.
Speak with a Dallas Assault and Battery Lawyer Today
Facing assault or battery charges in Texas is a serious matter that can affect your freedom, reputation, and future opportunities. The legal system is unforgiving, and you risk severe penalties that could follow you for years without a strong defense. The Carmichael Law Firm PC is committed to defending individuals accused of assault and battery in Dallas. With extensive experience handling misdemeanor and felony cases, we build strategic defenses tailored to your circumstances.
Protect your future by taking action today. Call The Carmichael Law Firm PC for a confidential consultation, and let us fight for you. You can also reach us through our secure online contact form.