An assault occurs when an individual, through their words or their actions, causes another individual to fear an immediate battery. Actual touching of the other individual by the perpetrator is not required to constitute the offense of assault.
Instead, to be in fear of an immediate battery means that the other individual fears the perpetrator will hit them or otherwise cause them some type of physical injury in the immediate future. In the State of Texas, an individual may be charged with either misdemeanor or felony assault, such as 3rd-degree felony assault for intoxication assault, depending on the circumstances of the case.
There are four categories of misdemeanor assault in Texas, including:
- Assault Bodily Injury (ABI): Assault with bodily injury is committed when a person either intentionally and knowingly or recklessly causes bodily injury to another person;
- The injury does not have to be severe;
- If the assault causes pain, even pain that is minimal, it will be enough to qualify as bodily injury;
- However, slight discomfort will not qualify as bodily injury;
- Assault Bodily Injury Against a Family Member (ABI-FM): If the victim of an assault with bodily injury is the perpetrator’s spouse or other family member, then the crime is ABI-FM. Under Texas laws, family members may include:
- Parents;
- Siblings;
- Roommates and family members whether by:
- Blood;
- Marriage;
- Adoption;
- Assault by threat: Assault by threat is committed when a person intentionally or knowingly threatens another person with imminent bodily injury;
- Assault by contact: Assault by contact is committed when an individual intentionally or knowingly causes physical contact with another individual, and that contact is provocative or offensive.
Can I Be Accused of Misdemeanor Assault Against a Family Member?
Assault Bodily Injury against a Family Member (ABI-FM) is one category of misdemeanor assault in Texas, as discussed above. It is considered to be a type of domestic violence or domestic abuse.
Non-aggravated domestic assault, also referred to as assault bodily injury of a family member (ABI-FM), is an assault committed on any one of the following victims:
- A former or present dating partner of the perpetrator;
- An individual in the perpetrator’s household, for example, a roommate;
- An individual in the perpetrator’s family, for example:
- Parents;
- Siblings;
- Any other family member, whether by:
- Blood;
- Marriage;
- Adoption.
In order to commit assault, the perpetrator must have engaged in one of the following:
- Intentionally or knowingly injured the victim;
- Engaged in objectionable physical contact with the victim;
- Placed the victim in threat of impending injury.
If the perpetrator’s contact caused the victim pain, it may qualify as an assault in Texas. Under the Texas Penal Code, aggravated assault is defined as:
- Intentionally and knowingly or recklessly causing an individual to suffer serious bodily injury; or
- Engaging in the behavior that constitutes assault or threatening an assault while displaying or using a deadly weapon.
Aggravated assault is classified as a second-degree felony. Aggravated domestic assault against a family member is the aggravated assault of:
- An individual whom the perpetrator previously dated or is currently dating;
- An individual in their family; or
- Their spouse.
There can be a family member or household member enhancement to the offense of aggravated assault. This means that the perpetrator, or an aggravated domestic assault, will face a possible first-degree felony charge.
If they are convicted, they may face a life sentence in prison, even if it is their first offense. The charge of ongoing or continuous family violence charges can be filed against a perpetrator who is alleged to have engaged in two domestic assaults in one year.
A defendant may be convicted of ongoing family violence even if they were never arrested or convicted of the two prior alleged assaults. This means that law enforcement can interview the victim of an alleged domestic violence offense. If that victim reports that the abuse has also previously occurred, the perpetrator may be arrested and charged with felony continuous or ongoing family violence.
What Is the Punishment for Misdemeanor Assault?
Assault causing bodily injury is classified as a Class A misdemeanor in Texas that is punishable by:
- Up to one year in jail;
- Up to $4,000 in criminal fines;
- A combination of both.
Assault bodily injury against a family member is also categorized as a Class A misdemeanor that is punishable by up to a year in jail and a $4,000 fine if the defendant does not have any prior domestic violence charges. If, however, the perpetrator has a prior family violence conviction or if the current offense involves either the choking of a family member or the use of a weapon, the crime can be charged as a felony.
Assault by contact occurs when the perpetrator intentionally or knowingly creates contact with another individual that is reasonably offensive or provocative. Examples include poking the victim in the chest or spitting on the victim.
This type of conduct may not cause bodily injury, but it is offensive physical contact that can still be considered an assault. Assault by contact is categorized as a Class C misdemeanor and is punishable by a fine of up to $500.
Assault by threat occurs when an individual knowingly or intentionally threatens an individual, either non-verbally or verbally, with the threat of imminent bodily injury. This offense is categorized as a Class C misdemeanor that is punishable by a fine of up to $500.
Class C misdemeanor convictions do not include a jail sentence. However, an individual who is convicted of assault by threat will have an assault conviction on their record.
A defendant who is charged with misdemeanor assault may also face collateral consequences. For example, an individual who has been convicted of assault with bodily injury on a family member will lose their right to carry a firearm.
It is important to note that being charged with misdemeanor assault does not automatically mean that the individual is guilty. There are several defenses to assault charges that may be used, including:
Another possible available defense is mutual combat, which is allowed in Texas without criminal penalty. An individual engaged in mutual combat if the contact did not cause serious bodily injury or threaten to cause injury or if the alleged victim participated despite knowing the risk because of their profession.
Can Assault Charges Be Dropped?
Because criminal assault charges are filed by the government, typically, a victim cannot request that they be dropped. In certain cases, however, they may be dropped by the prosecution for lack of evidence or based on certain defenses.
Do I Need a Lawyer for My Misdemeanor Assault Charge in Texas?
If you are facing misdemeanor assault charges in Texas, consulting with a Texas assault lawyer is essential. Your attorney can advise you on which charges you are facing and the possible punishments.
Your lawyer will represent you during pretrial negotiations. If a plea agreement cannot be reached with the prosecution, your lawyer will represent you in a trial.
Your best chance at a favorable outcome is to have an attorney protecting your interests throughout the criminal process. Your lawyer will help ensure that your rights are protected and any possible defenses available in your case are raised in court.
