Bryan/College Station Assault Lawyer

According to Texas Penal Code § 22.01, a crime of assault occurs if you intentionally or knowingly:

• Recklessly cause bodily injury to another;
• Threaten another with imminent bodily injury; or
• Cause physical contact with another when you know or should reasonably believe that the other person will regard this contact as offensive or provocative.

The offense becomes “aggravated assault” if it results in serious injury or involves the use of a weapon.

Is Assault a Misdemeanor in Texas?

Assault will be charged as either a misdemeanor or a felony, depending on the severity and nature of the offense. Misdemeanor assault is categorized into three classes:

• Class A (up to 1 year in jail, up to $4,000 in fines) – you allegedly cause bodily injury to another or cause provocative or offensive physical contact against an elderly person, and no aggravating factors are present
• Class B (up to 180 days in jail, up to $2,000 in fines) – you allegedly commit assault against someone who is a sports participant while they are performing or in retaliation for their performance
• Class C (up to $500 in fines) – you allegedly threaten another with bodily harm or cause provocative or offensive physical contact, and no aggravating factors are present

When Assault Considered a Felony in Texas?

Assault that is committed against protected classes of individuals, such as public servants, is more severely punished as felonies. More specifically, assault is charged as a third-degree felony if it is committed against the following people:

• A public servant or certain government contractor (e.g., CPS agent) while they are lawfully discharging an official duty or in retaliation against their duty as a public servant;
• A family member, household member, or a dating partner if the offense was committed by intentional or reckless choking or if you have previously been convicted of a similar offense;
• A security officer performing their duties; 
• Emergency services personnel while they are engaged in their duties.

A third-degree felony will result in up to 10 years in prison and up to $10,000 in fines.

You may be charged with second-degree felony if the assault was committed under one of the following circumstances:

• Against a family member, household member, or dating partner;
• You have a prior conviction for a similar offense against a family member, household member, or dating partner
• The offense was committed by intentionally, knowingly, or recklessly choking them.

A second-degree felony carries 2-20 years in prison and up to $10,000 in fines.

Aggravated assault is charged as a first-degree felony, typically if it was committed against a domestic partner or a protected individual, such as:

• A public official, 
• A police officer, 
• An emergency worker, 
• A security guard, 
• A witness, or an informant.

A first-degree felony will result in 5 years to life in prison.

Contact Our Assault Attorney in Bryan/College Station Today

If you have been charged with assault in Bryan/College Station, do not hesitate to contact an experienced defense attorney for legal representation immediately. Depending on your case, you and your attorney can explore a range of defenses, such as self-defense or defense of your property. The Law Office of Donnie Andreski, P.C. will take a careful investigative look at your case to strategize an effective defense.

Contact The Law Office of Donnie Andreski, P.C., today to get started on your defense with our Bryan/College Station assault lawyer.