If you were recently arrested on
assault charges or for a dispute involving
domestic violence, then you are probably very curious about what types of penalties you
are facing, and reasonably so.
Whether you were involved in a bar fight, an altercation at work, home,
or someplace else, it is not uncommon for arguments to turn physical.
However, just because you were arrested, it does not mean that you weren’t
acting in self-defense.
Continue reading to learn more about assault under Sec. 22.01 of the Texas
Texas Penal Code: Sec. 22.01 Assault
Under Sec. 22.01 of the Texas Penal Code, a person commits the offense
of assault when he or she intentionally, knowingly, or recklessly injures
another person’s body, and this includes their own spouse.
A person also commits assault if they intentionally or knowingly threaten
another with imminent bodily injury, including their husband or wife.
It is also assault if a person intentionally or knowingly causes physical
contact with another person when such contact is offensive.
Assault is usually charged as a Class A misdemeanor, which is punishable by:
- A maximum fine of $4,000,
- Up to one year in jail, or
- Both a fine and confinement.
Can assault be a felony?
Yes, in some cases it can be prosecuted as a felony. Assault is prosecuted
as a third degree felony if it is committed against a public servant while
they are lawfully discharging an official duty.
Assault can also be charged as a third degree felony if the assault was
committed against a family member (family violence), and the offender
has been convicted of specific offenses against family members, including
kidnapping, indecency with a child, or continuous violence against the family.
Under Sec. 12.34, a third degree felony is punishably by a maximum fine
of $10,000, or up to 10 years in prison, or both.
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