Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.
When police officers believe you intentionally or recklessly caused bodily harm or threatened to cause physical injuries to another, they may arrest and charge you with assault. The State of Texas takes these crimes very seriously and will prosecute aggressively to reach a conviction.
As with any other criminal activity involving violence, assault charges can have severe consequences and harsh penalties. A dedicated criminal defense attorney and former felony prosecutor such as Raphael Ortega could help you defend your rights and protect your future. Schedule a free consultation with a Conroe assault lawyer if you have questions or need help with a case.
It is a common misconception that assault involves causing physical harm to another person; but, according to Texas Penal Code § 22.01, anyone who carries out one of the following actions is guilty of criminal assault:
A guilty conviction for a simple assault will result in a Class A misdemeanor. Committing any actions against a public servant upgrades the charge, and a conviction would go on a person’s criminal record as a third-degree felony. A seasoned Conroe assault attorney could answer questions about varying offenses and potential penalties during a free, confidential consultation.
There are a wide range of assault crimes in Texas. Raphael Ortega, a well-practiced assault lawyer in Conroe, could answer specific questions after reviewing the circumstances of your particular case. Some of the more common types of assault people in Conroe face include:
The state may elevate the charges to aggravated assault if a party intentionally, knowingly, or recklessly causes severe bodily injury. Alternatively, you can also be charged with aggravated assault if the person uses or brandishes a deadly weapon while committing the offense. Aggravated Assault is a second-degree felony, and you face up to 20 years in prison and up to a $10,000 fine.
Under certain circumstances the charge may be enhanced to a first-degree felony and you could face up to 99 years in prison and up to a $10,000 fine if a person causes serious bodily injury to a family or household member, or against a public servant while performing their official duties. A person can also be charged with a first-degree felony if a firearm is discharged from within a motor vehicle towards a house, building or another motor vehicle (i.e. drive-by shooting) and the person suffers serious bodily injury.
Texas Penal Code § 1.07(a)(17) defines a Deadly Weapon as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Texas Penal Code § 46.01 has explicitly defined weapons to be items such as brass knuckles, mace, explosive weapons, tire deflation devices, and others. Thus, depending on its manner and use a deadly weapon can be more than a knife or firearm.
Serious Bodily Injury under Texas Penal Code §1.07(a)(46) is defined as injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
Deadly conduct is another assaultive offense that falls within the statute. According to the Texas Penal Code § 22.05, anyone who recklessly engages in actions that places the lives of others in imminent risk of serious bodily injury is guilty of deadly conduct as a Class A misdemeanor. The charge may be enhanced to a third-degree felony if a firearm is knowingly discharged at another person, habitation, building, or vehicle.
A person who deliberately or recklessly causes bodily harm or threatens to cause injuries against a household member is guilty of domestic assault. Domestic assault offenses carry misdemeanor or felony penalties, depending on the circumstances.
Sentencing could range from probation and $500 in fines to ten years in prison and $10,000 in monetary penalties. An individual could also face aggravated domestic assault charges, and a conviction could mean spending as many as 99 years in prison.
For more information about Texas domestic violence charges – visit our page here.
Within the context of sexually-based offenses, under Texas Penal Code § 22.011 a person is charged with sexual assault if they intentionally penetrate another person’s sexual organs without their consent. Sexual Assault is a second-degree felony, and you can face up to 20 years in prison and up to a $10,000 fine.
Under Texas criminal regulations, a person who commits sexual assault while aggravating factors are present will face charges for aggravated sexual assault. Texas Penal Code § 22.021. Sexual assault is enhanced to aggravated sexual assault if during the commission of the offense a person:
Aggravated sexual assault is a first-degree felony and you can face up to 99 years in prison (and in some cases the mandatory minimum is raised to 25 years in prison), a $10,000 and other sever penalties.
An assault conviction can severely affect non-citizens and immigrants in the United States. The penalties vary and depend on the type of offense and the arrest circumstances. Immigration authorities can also initiate removal proceedings upon an arrest alone. Deportable offenses include:
There are many assault offenses people in Texas can face charges for, and a conviction can have plenty of negative consequences. Whether the state charges you with a misdemeanor offense or felony assault, a guilty conviction for a violent crime can make finding jobs or housing more challenging and cause severe damage to your reputation.
Raphael Ortega is a former felony prosecutor with the skills and qualifications to advocate on your behalf and fight for your rights and freedom. Call a Conroe assault lawyer today if you need help planning a strong defense strategy.
Copyright @ Raphael Ortega Law PLLC, 2023| All rights reserved.