If you were arrested and charged with assault and battery in Texas, you could be facing serious legal consequences that could last for several years. In some cases, people who face assault charges are accused based on false allegations or poor judgment of situations from police officers or witnesses.
Depending on the amount of evidence that can be brought against you in court, you may be able to fight the charges or even have the penalties reduced. If you're facing assault and battery charges, it's best to consult with an experienced Texas criminal defense attorney to learn about the legal options available to you.
What are the penalties for assault and battery in Texas?
Under Texas penal code § 22.01, Subsection A, assault is defined as:
Intentionally or knowingly causing harm to someone
Intentionally or knowingly threatening someone with with bodily harm
Making physical contact with someone while aware that the other person will find the contact threatening and offensive
Assault under Subsection A is charged as a class A misdemeanor. In Texas, this type of charge carries up to one year in jail, a $4,000 fine, or both.
Assault can be charged as a felony of the third degree if it was knowingly committed against:
- A public servant
- Government official
- An on-site security officer
- Active emergency service personnel
- A pregnant woman
- An officer, employee or contractor of the Texas Civil Commitment Office (while the actor is committed to a civil commitment facility)
In Texas, the penalties for a felony of the third degree include between 2-10 years in prison and a fine of up to $10,000.
Assault and battery can become a felony of the second degree when:
- It is committed against a peace officer or judge
- It is knowingly committed in a way that impedes breathing or blood circulation of the victim
In Texas, the penalties for a felony of the second degree includes two to 20 years in prison and a fine of up to $10,000.
How can an attorney help me if I was charged with assault and battery?
Your attorney will first need to review the details surrounding your charges and the events that led to those charges. In some cases, something as minuscule as breaking up a fight can be construed as assault and battery. All it takes is a false accusation or probable cause from a police officer to lead to an arrest.
If you were falsely accused and charged with assault, your attorney may need to launch a thorough investigation. This may include speaking to witnesses, obtaining video surveillance footage (if there was any available) and reviewing the arrest report.
Whether or not the evidence brought against you is solid, you still must be treated fairly within the justice system. That's why it's critical that you invoke your right to remain silent and speak to a criminal defense attorney as soon as possible. The Webb Firm, P.C. knows how to handle complex cases like yours and will leave no stone unturned when it comes to helping you fight or minimize the charges. Contact us online to schedule your free legal consultation.