Assault & Aggravated Assault

What is Assault?

Assault is listed in the Penal Code as intentionally or knowingly (or recklessly or threatening) making offensive or provocative physical contact with another. Obviously the law is more complex than that, but for general purposes, Assault is the unlawful touching of another person. It can be a tap, slap, punch, or stab. Assault includes hitting with objects and weapons, and includes gunshots.

Types of Assault

There are different classifications of assault in Travis County. Mostly it depends on who was allegedly assaulted, how the assault occurred, and how severe an injury might be. There is Assault, Family Assault, Domestic Assault Family Violence, and Assault by Strangulation.

Self Defense

Self Defense is the most common defense to assault. Self defense usually involves only using force after another person uses force. Simply put: The other person started it. Self defense may apply to a large number of assault cases, although the defense must be appropriate in relation to the initial assault by the other person.

Other defenses may include Fabrication, which often includes Motives to Lie in family assault cases. Often there is a financial motive to make up an assault, or an unrelated family court issue that may present a motive to lie.

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Our Results Speak for Themselves. Keates Law Firm has a record of dismissals and acquittals in a variety of criminal cases. We are dismissal focused, and we get results.

  • DWI Not Guilty at Trial
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  • Felony Theft of Stolen Property: Dismissed
  • Assault, Bodily Injury: Jury Trial: NOT GUILTY
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Sec. 22.01. ASSAULT.

(a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

What are the Punishments?

Assaults can be punished as a Misdemeanor or Felony, and can range from fines, probation, county jail, state jail, and even prison.

Penalties for Assault
Level of Offense Punishment
Class C Misdemeanor Not Jailable, No more than $500 fines
Class B Misdemeanor Not more than 180 days in a county jail, and/or no more than $2,000 fines
Class A Misdemeanor Not more than 1 year in a county jail, and/or no more than $4,000 fines
State jail felony 180 days to 2 years in a state jail, and/or no more than $10,000 fines
3rd Degree Felony 2-10 Years in Prison, and/or no more than $10,000 fines

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