According to the FBI’s Uniform Crime Reporting (UCR) Program, approximately 821,182 aggravated assaults occurred throughout the United States in 2019. The estimated number of aggravated assaults increased 5.0 percent when compared with the 2010 estimate. Inevitably, disagreements and arguments are a reality in life. Sometimes arguments escalate and physical strikes are initiated, but it shouldn’t imply that a crime has been committed.
Unfortunately, an arrest for an assaultive offense in the state of Texas is taken seriously. If convicted, an individual can face anywhere from a misdemeanor to a felony. In a situation like this, it is critical to obtain a skilled Austin criminal defense lawyer. At The Law Office of Jackson F. Gorski, Jackson F. Gorski and his legal team know how to fight assault allegations and can work hard to reduce, if not dismiss all charges.
TX Assault Attorney, Travis County
Being arrested for assault can be a nightmare. Steep fines and a lengthy prison sentence are just two of the consequences of obtaining a conviction for this violent offense. If you have been accused of assault in Travis County, TX, you need a skilled criminal defense lawyer that can help you every step of the way. Jackson F. Gorski at The Law Office of Jackson F. Gorski has handled a plethora of assault cases and can utilize his knowledge to obtain a dismissal or reduction of your charges.
Call 512-960-4646 to schedule a free consultation today. Mr. Gorski works with clients throughout the State of Texas including cities such as Austin, Cedar Park, Kyle, Lakeway, Anderson Mill, Jollyville, Round Rock, Pflugerville, Leander, and Georgetown.
- Assault Texas Penal Code
- Penalties for Assault in TX
- Defenses for Assault in TX
- Additional Resources
Assault Texas Penal Code
Under Texas Law (Penal Code Section 22.01), you could face charges for assault if you intentionally or knowingly:
- Cause bodily injury to another person, including that individual’s spouse
- Threaten another person with imminent bodily injury, including that individual’s spouse
- Cause physical contact with another person when the person knows or should reasonably believe that the other individual will regard the contact as offensive or provocative
A more serious form of assault in Texas is aggravated assault. Under Texas’s statute, aggravated assault occurs if the defendant commits assault and causes serious bodily injury, including the person’s spouse; or uses or exhibits a deadly weapon during the commission of the assault.
Penalties for Assault in TX
Assault is a class C misdemeanor, which carries a fine of up to $500. The offense, however, can be escalated to a higher category depending on the circumstances of the case:
- Class A misdemeanor – If assault is committed against an elderly individual, disabled individual, or pregnant woman to force her to have an abortion. A class A misdemeanor is punishable by up to 1 year in county jail and up to $4,000 in fines.
- Class B misdemeanor – If assault is committed by a person against a person the actor knows is a sports participant. A class B misdemeanor is punishable by up to 180 days in jail and up to $2,000 in fines.
In some cases, rather than jail, the court may order the defendant to pay restitution to help pay for the victim’s medical bills or property damage incurred during the assault. The defendant may be allowed to participate in community supervision or probation instead of jail time. In some assault cases, the person charged with the crime may be required to go through an anger management program.
Defenses for Assault in TX
One of the most common defenses to assault charges is the self-defense clause. In Texas, “a person is justified in using force against another when and to the degree, the actor reasonably believes that force is immediately necessary to protect the actor or another person against the other’s use or attempted use of unlawful force.” If a person can prove self-defense in a case, no crime was committed.
- Mistaken Identity
In other situations, the wrong person may be charged with the assault due to mistaken identity. In petty cases, false reporting or lying can result in assault charges.
- Mutual Combat
If two people engage in mutual combat, no law was broken. However, it’s not uncommon for people who lose in a fight to call the police and press charges. It happens, and when it does, you’ll need legal representation.
Texas Penal Code: Assault – Access the official website for the Texas Penal Code to view section 22.01 which lists the penalties for assault. The page also lists the elements that constitute the offense and definitions to terms related to the crime.
RAINN: Sexual Assault Hotline – Access the official website for RAINN (Rape, Abuse & Incest National Network) to read information about the National Sexual Assault Hotline. Learn about the different services the hotline provides and how the hotline was created.
Austin Assault Lawyer, Texas
Prosecutors take assault very seriously in the State of Texas. If you have been arrested for assault in Austin, legal representation may be the needed course of action to protect yourself. Jackson F. Gorski at The Law Office of Jackson F. Gorski is a seasoned assault lawyer that knows how to fight allegations of violence like assault, aggravate assault, and other related charges. He can help you avoid the consequences of a criminal conviction by providing aggressive legal counsel.
To have attorney Gorski assist you in your case, contact The Law Office of Jackson F. Gorski today by calling 512-960-4646 today. He is prepared to utilize his years of experience in criminal defense on your behalf. The Law Office of Jackson F. Gorski serves clients in Travis County, TX, and surrounding counties including Bell, Bastrop, Lee, Williamson, Milam, Hays Burnett, Blanco, and Caldwell.