Violent criminal charges are among the most significant criminal offenses prosecuted in Texas. While assault may not be as serious as a homicide offense, it is often more serious than a minor traffic violation or certain property crimes.
Texas has a relatively robust definition of assault, and prosecutors can bring more than one type of assault charges against those accused of threatening or intentionally injuring others. Simple assault is the lesser offense, while aggravated assault is a more serious charge that carries more significant penalties.
What differentiates an aggravated assault case from a simple assault case?
Simple assault may not involve injury
The definition of simple assault is relatively thorough. It involves unwanted physical contact, including contact intended to hurt the other person, such as a slap or a kick to the shins. Assault can also involve offensive contact, such as sexually provocative physical touch involving a stranger or a customer service professional at a restaurant.
Causing injury through reckless conduct, even if injuring another person was not the intention, could also constitute simple assault. Even threatening someone verbally, in writing or with intentionally intimidating body language could potentially constitute simple assault.
Simple assault is a misdemeanor under state statutes. The penalties possible include up to a year in jail and $4,000 in fines, although less serious cases may only result in financial penalties.
Aggravated assault is obviously a more serious offense that involves special factors. There are two circumstances in which prosecutors could justify pursuing an aggravated assault charge. The first is when an assault causes serious bodily harm. Shoving someone down the stairs and causing broken bones or a brain injury could justify aggravated assault charges.
Aggravated charges could also be possible in cases where one party uses a deadly weapon to injure or intimidate another person. Aggravated assault is usually either a first-degree or second-degree felony and can lead to years in prison in some cases.
There are many viable defense strategies available when facing assault charges. Evaluating the state’s evidence can help defendants explore their options. Those who successfully fight assault charges can avoid criminal penalties and a record that could limit their opportunities for years to come.