Assault Defense

Texas Assault Defense Attorneys in Houston

Criminal Defense Lawyer in Houston

Assault charges in the State of Texas are very serious and can come with a wide range of life-altering consequences. When you have the law firm of Walter J. Pink & Associates fighting for you, the premier team of Houston Assault Attorneys, you can rest assured that your freedoms will be fought for with the utmost veracity. 

Defining Assault in Houston

The charge of Assault is located in the Texas Penal Code (TPC) § 22.01 which states, in part:

  1. A person commits an offense if the person
    1. Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
    2. Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;
      or 
    3. Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or proactive 

While an Assault typically involves physical contact, an individual may be charged with an assault based on words or other actions that do not involve physical contact with the alleged victim. Also, the alleged victim does not have to be hurt, a simple non-consented touch such as a brush on the shoulder or a light shove can amount to a simple assault. The physical contact, in simple assault, just has to amount to harmful or offensive. Furthermore, an assault can occur in contact sports when the contact goes outside the scope of the physical contact expected in the course of the sport. An assault does not have to be an intentional act, one can knowingly or recklessly act with regards to causing bodily harm and still be charged with assault.

Types of Houston Assault Charges

  • A Simple Assault in Texas may be considered a class A misdemeanor with a sentence of up to one year in county jail and a fine of up to $4,000. 
  • Impeding Breath or Circulation is considered an enhancement to a felony of the third (3rd) degree due to impeding of breath and can carry a punishment range of 2-10 years in the Texas Department of Criminal Justice (TDCJ) and up to a $10,000 fine. Texas Penal Code (TPC) § 22.01(b)(2)(B). These assaults occur if physical pressure or force is applied to a person’s throat, nose, or mouth and inhibits or disturbs breathing or circulation. 
  • Assault on a Public Servant occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a person the actor knows is a public servant while the public servant is acting as a public servant or in retaliation to actions performed by the public servant while serving in their official capacity. This is considered a felony of the third (2nd) degree and can carry a punishment range of 2-10 years in the Texas Department of Criminal Justice (TDCJ) and up to a $10,000 fine. Texas Penal Code (TPC) § 22.01(a)-(b).

Aggravated Assault, is an enhanced version of a simple Assault. In the State of Texas, Aggravated Assault can be found in the Texas Penal Code (TPC) § 22.02 which states, in part:

  1. A person commits assault and the person:
    1. Causes serious bodily injury to another including the person’s spouse; or
    2. Uses or exhibits a deadly weapon during the commission of the assault. 

An aggravated assault can be charged when one is using or displaying a weapon and/or causes serious bodily injury. A deadly weapon can be anything that is designed, used, made, or adapted with the intent to use and is capable of, causing serious bodily injury or death. This includes common sense objects such as guns or knives but may also include vehicles, work tools, keys, pencils, and even a pillow. It is the method of use and capability of causing a serious bodily injury to determine if the weapon is deadly or not.

Aggravated Assault is typically charged as a felony of the second (2nd) degree carrying a punishment range of 2-20 years in the Texas Department of Criminal Justice (TDCJ). When the victim of an aggravated assault is a member of the defendant’s household or the defendant is a repeat offender, the Aggravated Assault can be considered a felony of the first (1st) degree with a punishment range of 5-99 years in the Texas Department of Corrections and up to a $10,000 fine.

Deadly conduct falls under the umbrella of assaultive offenses and can be found in the Texas Penal Code (TPC) § 22.05 which states, in part: 

  1. A person commits an offense if he recklessly engages in conduct that places another in imminent danger of serious bodily injury.
  2. A person commits an offense if he knowingly discharges a firearm at or in the direction of

Deadly conduct can be charged as a Class A misdemeanor with a punishment range of up to a year in jail or, depending on the factors of the case, a felony of the third degree with a punishment range of 2-10 years at the Texas Department of Criminal Justice (TDCJ) and/or a fine up to $10,000. 

Summary

Assault charges in Houston, whether minor or severe, can have profound implications on an individual's life. Understanding the legal framework, potential consequences, and the importance of skilled legal representation is crucial. With the guidance of a dedicated Houston assault attorney, individuals can navigate the complexities of the legal system, ensuring that their rights are upheld and that they receive a fair and just trial.

If you or a loved one are accused of any of the crimes listed on this page, or any crime at all, your life can be irrevocably changed, your liberties stripped, and your pursuit of happiness hindered. For these reasons, you and your family can not just trust anyone with such a serious life-altering matter. We serve the entire State of Texas and have received dismissals for our clients in Houston, Harris County, Sugar Land, Missouri City, Richmond, Fort Bend County, Pearland, Brazoria County, Galveston, Galveston County, Austin, Travis County, Dallas, Dallas County, Amarillo, Lubbock, Montgomery County, and can fight for you anywhere else in this great state of Texas. 

Remember, if you or a loved one has been accused of a criminal offense, it’s important not to speak with anyone, especially the police or investigators, until you have contacted our office. At the law firm of Walter J. Pink & Associates, PC, you can rest assured your good name and best interests are in good hands! Call us immediately to set up a free consultation and allow us to use our vast knowledge, mental tools, and legal weapons to save your freedom, save your right to pursue happiness, and save your life. The Law Firm For Your Future, 713-664-6651.

Existing Clients: (713) 664-6651
New Clients: (713) 454-7678