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Assault and aggravated assault are two terms you never want to hear in relation to your name. But if you find yourself in that position, understanding the difference is key to knowing what you’re up against. Assault charges can range from misdemeanors to felonies, while aggravated assault comes with the most severe penalties, including long-term prison time.

What is Assault?

Assault is a crime that involves intentionally causing bodily injury to another person or threatening them with imminent bodily harm. In Texas, assault can be charged as:

Class A Misdemeanor Assault

Class A misdemeanor assault occurs when someone intentionally or knowingly causes bodily injury to another person, threatens another person with imminent bodily injury, or causes physical contact that the person knows or should reasonably believe will be perceived as offensive or provocative. The penalties for a Class A misdemeanor assault include up to one year in county jail, a fine of up to $4,000, or both.

Class C Misdemeanor Assault

Class C misdemeanor assault is a lesser charge that typically involves either

1. Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or
2. Intentionally or knowingly causing physical contact with another when the person knows or should know that the other will regard the contact as offensive of provocative. Pushing, grabbing or shoving someone might constitute offensive touching. While the penalties for Class C misdemeanor assault are less severe, it is still a criminal offense that can result in a fine of up to $500.

What is Aggravated Assault?

Aggravated assault is a more serious offense than simple assault and involves causing serious bodily injury to another person or using a deadly weapon during the commission of an assault. In Texas, aggravated assault is classified as a felony offense.

Types of Aggravated Assault

Several circumstances can elevate an assault charge to aggravated assault:

Serious Bodily Injury: If the assault causes serious bodily injury to another person, it can be charged as aggravated assault. Serious bodily injury refers to injuries that are life-threatening or cause serious disfigurement or impairment.

Use of a Deadly Weapon: If a deadly weapon, such as a firearm or a knife, is used during the assault, it can be classified as aggravated assault with a deadly weapon. It is important to note that the mere presence of a deadly weapon during the commission of an assault can elevate the charge, even if there is no physical injury.

Assault of a Public Servant: Assault against a public servant, such as a police officer, firefighter, or emergency medical services personnel, is automatically considered aggravated assault.

Penalties for Aggravated Assault

The penalties for aggravated assault in Texas vary depending on the specific circumstances of the offense. Generally, aggravated assault is considered a second-degree felony, punishable by 2 to 20 years in prison and/or a fine of up to $10,000. However, certain aggravating factors, such as the use of a deadly weapon or the assault of a public servant, can elevate the offense to a first-degree felony. A first-degree felony conviction can result in a prison sentence of 5 to 99 years or life and/or a fine of up to $10,000.

Consult a Houston Assault Charges Defense Lawyer Today

Facing assault or aggravated assault charges can be a daunting and overwhelming experience. But having an experienced defense attorney on your side can make all the difference. Robert J. Fickman has a well-earned reputation for defending individuals against assault charges and a track record of success. With over 40 years of criminal defense experience, Fickman knows how to navigate the Texas legal system and challenge the prosecution at every step.

Whether you’re dealing with misdemeanor assault or a serious felony charge of aggravated assault, his in-depth knowledge of Texas assault laws ensures that your defense will be thorough and aggressive. Connect with us online or call (713) 655-7400 to schedule a consultation and ensure your rights are protected.