People facing assault charges in Texas are likely to have many questions. Among these is how a potential conviction could impact their present and future. The fact is that every assault allegation in Texas is serious. However, the specific nature of the allegations as well as a variety of other factors will determine the potential penalties and sentences for assault in Texas.
If you are facing allegations related to assault in Texas, the Law Office of Kerrisa Chelkowski is ready to help. They can explain how state law defines and assault, how those definitions can determine a potential sentence, and work to defend you against these serious accusations. Contact them now to learn more.
Practice Areas
Assaults as Examples of Misdemeanors
Texas state law provides many examples of behaviors that fall under the umbrella of assaults. In general, these are actions that cause bodily harm to others or that threaten to cause injury. Fortunately, most of these examples are misdemeanors under Texas law.
A misdemeanor is any criminal offense where a conviction can result in no more than one year in jail. Additionally, these cases can often require a person to pay a fine of up to $4,000. However, these are maximum penalties that apply when a case is a Class A misdemeanor. As applied to assaults, the case is likely a Class A misdemeanor under Texas Penal Code §22.01 when a person is alleged to have intentionally or recklessly caused bodily harm to another individual.
There are situations where an assault case can be a lesser misdemeanor. This can happen when there is no actual bodily harm in a case or when the incident involves mere physical conduct that causes another to be offended. In these cases, the maximum allowable jail time and fine are less than in Class A misdemeanor cases.
It is important to understand that there is never a mandatory jail sentence for a misdemeanor assault case. Even so, any conviction will be a permanent mark on a person’s criminal record.
When might a Texas Assault be a Felony?
Sadly, not every assault case in Texas is a mere misdemeanor. A variety of aggravating factors may be present in a case that allows a prosecutor to pursue a case as a felony. In general, a felony is any case where a conviction can result in more than one year in prison.
More specifically, Texas’s penal code provides a list of facts in a case that can lead to more severe potential punishments after an assault. These include:
- The age of the alleged victim
- The alleged victim’s status as a police officer or public official
- The severity of injuries involved in the incident
- An alleged victim’s status as pregnant
- If the alleged attacker used a weapon
All these examples will often lead to felony-level assault charges. Even so, these cases are not all the same. Some will be relatively minor allegations where convictions will not need to result in prison time. Others are severe felonies where convictions come with mandatory-minimum prison terms. The team at the Law Office of Kerrisa Chelkowski can help people better understand the exact nature of their cases and works to promote effective defenses against all assault charges.
Let the Law Office of Kerrisa Chelkowski Provide More Information About the Penalties and Sentences for Assault in Texas
Assault cases in Texas come in many forms. For many, these cases are misdemeanors where a conviction is unlikely to result in a jail sentence. For others, the case is a felony where convictions come with mandatory prison terms and will result in a permanent change in a person’s life.
In each example, an attorney at the Law Office of Kerrisa Chelkowski may be able to help. They are ready to listen to your story, explain the law, and develop a defense that aims to protect your rights and freedoms. Contact them now to get started.