When you face an Assault charge it can be scary, intimidating, and exhausting. Throughout the process of your case, you will want a caring, knowledgeable, and hard-working team on your side. The Coffey Firm is committed to helping you through this process.
An assault is legally defined as an offensive contact. An offensive contact is a class C assault which is up to a $500 fine. Once the offensive contact causes pain it becomes a class A misdemeanor with up to a year in county jail and a $4,000 fine. These type of charges can range from slaps in the face to bruising and broken bones. It does not matter whether the victim wants to press charges or not. The police and district attorney decide whether to file a case. They may file in normal courts or family violence courts, depending on the county.
When the victim is a family or household member it is a family violence assault case.
Sec. 71.003 of the Texas Family Code defines FAMILY as: “Family” includes individuals related by consanguinity or affinity, as determined under Sections 573.022 and 573.024, Government Code, individuals who are former spouses of each other, individuals who are the parents of the same child, without regard to marriage, and a foster child and foster parent, without regard to whether those individuals reside together.
Sec. 71.005. of the Texas Family Code defines HOUSEHOLD as: “Household” means a unit composed of persons living together in the same dwelling, without regard to whether they are related to each other.
Sec. 71.006 of the Texas Family Code defines MEMBER OF A HOUSEHOLD as: “Member of a household” includes a person who previously lived in a household.
Family violence assault has additional legal repercussions. For example, the deferred adjudication which some people choose to get is fake. It is “fake” because the successful completion of probation is not a true dismissal due to a finding of family violence and counts as a “conviction” for purposes of enhancement. As a result, a second charge of family violence is a felony. Thus, the dire consequences of these charges are very serious.
The Coffey Firm is here to explain all the options and laws in addition to seeking the best remedy. It is critical to think long term and not short term in resolving these cases. The future ramifications can be quite dire.
Felony assaults involve choking, use of a deadly weapon or serious bodily injury. The Texas Penal Code under Section 1.07 (46) defines “serious bodily injury”as: a bodily 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. These felony charges can range from a third degree (2-10 years in prison) to a first degree (5-99 years in prison). These are very serious charges. It is critical to do a proper case analysis and strategize the proper antidote (mitigation to trial). Mimi has tried assaults from class C tickets to first degree aggravated assault with a deadly weapon against a public servant.
There are three levels of assault:
This class of assault involves no physical injury. Class C Misdemeanor. Fine up to $500.*
This class of assault involves physical injury that does not cause serious bodily injury. For example, a bruise, a scrape, etc.
Aggravated involves serious bodily injury, or a deadly weapon. For example, a knife or a firearm. It is punishable by confinement of 2-20 years, but in some cases, it is a first degree felony up to 99 years in prison (against a public servant, for example).