There are many different ways in which you can assault someone. According to Texas laws, there are three types of misdemeanor assault charges. There are also three types of felony assault charges. Learn what actions could get you charges of assault and battery. Then, learn how you can fight the charges.
What is Assault and Battery?
In Texas, assault and battery refers to a threat or act of violence against another individual. But the issue isn’t black and white. There are many ways in which assault can occur.
For instance, you could grab someone’s nose and find yourself facing assault charges. Although you didn’t hit or kick the individual, you still caused them discomfort. Any act that involves offensive touching or bodily injury could be an assault. Whether or not you leave visible markings, the act counts as assault and battery.
If the violent act does not cause physical pain, you could face a class C misdemeanor. Unlike other types of assault charges, this one does not come with the possibility of jail time. However, that changes if you commit physical pain. An assault that involves pain is a class A misdemeanor. As such, it could result in an arrest and jail time.
Other Types of Assault
There are several other types of assault and battery. First, there’s domestic violence. This type of assault occurs between two people in a family or domestic relationship.
Secondly, there’s aggravated assault with a deadly weapon. This occurs when an individual uses a deadly weapon in a way that could cause death or serious injury. If you threaten someone with a weapon, you could face criminal charges.
Even verbal assault could get you in a courtroom. In Texas, there are laws in place to protect victims from verbal assault. Any verbal threat that causes an individual to fear their own safety could be an assault.
Another type of assault and battery is aggravated assault with serious bodily injury. If you assault someone and it causes a serious injury, you could be guilty of a felony. The state defines serious bodily injury as a partial loss or impairment of your bodily function. For example, a broken bone or scar could be a serious injury.
Defending Assault and Battery
There are many ways in which you could find yourself guilty of assault and battery in Texas. However, you might be innocent of your assault charges. There are several ways in which a criminal defense attorney could help you fight the charges, depending on the State you are in.
When you work with a lawyer, you improve your chances at beating the charges. With a sound legal strategy, you might not face consequences. For example, a lawyer could argue that there isn’t enough evidence of the assault. In some cases, there is no proof of assault. It all comes down to he-said, she-said. In these cases, the court could dismiss the charges. There needs to be proof beyond a reasonable doubt that the act occurred.
A lawyer could also prove that there was no intent of harm. If you unintentionally hurt someone, you are not guilty of assault. Sometimes, a lawyer can prove that the action was not done with the intent of harm.
Finally, a lawyer could prove that the assault was justified. For example, you might have acted in self-defence. If you did, there’s a chance that you can beat the charges.
