People have been having physical altercations for a very long time and they are nothing new. In the earlier parts of the 20th Century, two people may have a verbal altercation that turns physical, but when it’s all over, they may have shaken hands and even become friends. But those days are long gone.
In today’s age, people can’t get away with hurting other people. Nowadays, if you throw a punch or even push somebody, you can face serious criminal charges under Title 5, Chapter 22 of the Texas Penal Code. Generally, if you hurt someone else, including your spouse, you can be charged with assault or aggravated assault.
Assault vs. Aggravated Assault
Under Section 22.01 of the Texas Penal Code, a person commits “assault” if he or she intentionally, knowingly, or recklessly injures someone else’s body, and this includes the person’s husband or wife. One can also face assault charges if they threaten to hurt someone else, or cause physical contact that is offensive.
Assault is typically charged as a Class A misdemeanor, unless the victim was a family member or a law enforcement officer who was executing their duties. In those cases, it’s a felony of the third degree.
Like it sounds, aggravated assault is more serious than simple assault. You commit aggravated assault under Section 22.02 of the Texas Penal Code if you:
- Cause serious bodily injury to another person, OR
- Use or show a deadly weapon during the assault.
Aggravated assault is a felony of the second degree, punishable by 2 to 20 years in prison and by a maximum fine of $10,000. If the victim was a family member, such as a spouse or son or daughter, it is a felony of the first degree, punishable by 5 to 99 years in prison or life in prison, and a fine not to exceed $10,000.
If you are facing assault charges in Tarrant County, we urge you to contact Alband, Lane & Balderama immediately to request a free case review.