Felony Assault vs. Misdemeanor Assault in San Antonio

 Posted on December 06, 2021 in Criminal Law

Most people are familiar with the crime of assault. When they hear the word, they often imagine a victim being punched, hit, or inflicted with some kind of physical blow. Although this constitutes one kind of assault in Texas, other kinds of assault exist, some of which involve no physical contact. The nature of the assault determines whether the offense is a misdemeanor or a felony. The circumstances of the alleged assault also influence the defendant’s sentence.

Misdemeanor Assault

• Class C Misdemeanor Assault: A defendant may face a class C misdemeanor charge if the alleged assault victim suffers no bodily harm. Threats of imminent physical harm and offensive physical touching without consent may result in class C misdemeanor charges. The maximum penalty for this offense is a $500 fine.
• Class B Misdemeanor Assault: Class B misdemeanor assault charges may result from physical attacks against athletes and coaches by spectators. The maximum penalty for a class B misdemeanor assault charge is a $2000 fine and six months in prison.
• Class A Misdemeanor Assault: Any assault that results in physical harm may be charged as a Class A misdemeanor. The penalties for a class A misdemeanor assault charge are increased considerably, with defendants facing up to one year in prison and a fine of $4,000

Felony Assault

• Third Degree Felony Assault: Assault involving a public servant, government official, security officer, or emergency services personnel may be a third degree felony.
• Second Degree Felony Assault: The law finds certain parties especially vulnerable and upgrades a class A misdemeanor assault charge to a second degree felony if the victim is a family member, a dating partner, or a roommate. Convicted parties may face anywhere from 2-20 years in prison and a fine up to $10,000.
• First Degree Felony Assault: Aggravated assault against a family member, dating partner or roommate is upgraded to first-degree felony assault. Assault is considered aggravated assault if the alleged crime results in serious bodily injury or a weapon is used during the assault.

Contact a Texas Assault Defense Attorney

A felony has repercussions well beyond prison time. If convicted, you may also face serious fines, loss of freedom, and a personal stigma that is difficult to shake. A lawyer can identify flaws in the prosecution’s strategy and launch a counter-investigation to uncover the facts. Law Offices of Sam H. Lock has been providing rigorous criminal defense representation for years. We go the extra mile for our clients, ensuring their rights are respected at each step of the process.

If you need an experienced San Antonio criminal defense attorney that stands up for the client, contact Law Offices of Sam H. Lock today at 210-226-0965 for a initial consultation.

Source:

https://statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm