San Antonio Assault Lawyers

Elements of Assault in Texas

An alleged offender can be convicted of assault without serious injury to the victim. A threat of imminent violence or injury is enough to have criminal charges filed. 

Under Texas Penal Code § 22.01, an alleged offender commits the offense of assault if they do any of the following:

• Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
• Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
• Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the act as offensive or provocative.

The term “bodily injury” may seem vague. Texas Penal Code § 1.07 (8) defines bodily injury as any physical pain, illness, or impairment of physical condition.

What Are the Penalties for Assault Charges in San Antonio?

The penalties for assault charges depend on the victim of the crime. If you are convicted of assault without any aggravating factors, you will face a Class A misdemeanor punishable by up to 12 months in jail and a fine of up to $4,000.

An assault charge can be elevated based on specific details of the crime. 

The crime is a Class B misdemeanor if you are not a sports participant and commit assault against a person whom you know to be a sports participant while:

• The sports participant is performing duties or responsibilities in the participant’s capacity or
• In retaliation for or on account of the participant’s performance within the participant’s capacity.

A Class B misdemeanor is punishable by up to 180 days in jail and a possible $2,000 fine.

The crime of assault becomes a third-degree felony punishable by up to 10 years in prison and a fine of up to $10,000 if you commit assault against any of the following people: 

A family member, household member, or person with whom you had a dating relationship and either:

• You were previously convicted of a domestic violence offense or
• You intentionally, knowingly, or recklessly impeded the normal breathing or circulation of the blood of the alleged victim. This is done by applying pressure to the person’s throat or neck or blocking the person’s nose or mouth.
• You assaulted a public servant lawfully discharging an official duty, or the alleged assault was in retaliation. This includes if the alleged assault was due to an exercise of official power or performance of an official duty as a public servant.
• You assaulted a government contractor performing a service within the scope of the contract. This includes if the alleged assault was in retaliation for or on account of a government contractor performing a service within the scope of the contract.
• You assaulted an emergency service personnel while they were providing emergency services.
• You assaulted a security officer performing their duties

Texas law states that a person may have their assault charges enhanced to a second-degree felony for the following:

• Committing the offense of assault against a family or household member; and
• Ypi was previously convicted of either indecency with a child, kidnapping, or aggravated kidnapping, and
• The alleged assault is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood. This is done by applying pressure to the person’s throat or neck or blocking the person’s mouth.

A second-degree felony can result in up to 20 years in prison and a possible $10,000 fine.