Dallas Defense Lawyer Gary Redman has successfully defended assault charges since 2002.
In Texas, an assault offense and violent crime can range anywhere from a class C misdemeanor to a felony level charge. The level of offense is typically determined by the injury caused from the assault, the person assaulted or whether a weapon was used. If a violent at results in bodily injury, serious bodily injury or death, the level of offense is elevated. If the victim of an assault is a child, elderly person, disabled person, or a police officer, the level of offense increases. Because assault cases almost always involve violence, these cases are taken very serious by the law enforcement and prosecuting attorneys in Texas.
If you have been accused or arrested for assault, it is important for you to consult with an assault attorney as soon as possible. Waiting too long to begin building your defense is never a good idea. And in most cases, it is a detriment to a successful defense.
Gary Redman has extensive experience defending assault offenses and violent crimes in Dallas. If you or a loved one has been arrested for any level of violent offense, contact Gary today and schedule an no cost appointment for Gary to review your case.
Assault in Texas
The Texas Penal Code lists three ways a person can commit and assault. If you:
- intentionally, knowingly or recklessly cause bodily injury to another,
- intentionally or knowingly threaten another with imminent bodily injury, or
- intentionally or knowingly cause physical contact with another and he knows or should have reasonably believe that the other will regard the contact as offensive or provocative.
An offense committed under 1 & 2 above is a class A misdemeanor. The range of punishment is a fine up to $4,000.00 and a jail sentence up to one year. Most people with no criminal history or very little will eligible have their jail sentence probated or to receive deferred adjudication.
An offense committed under 3 above is a class C misdemeanor and only punishable by a fine up to $500.00. But, it still has label “assault.” Regardless of the level offense, this label associated with you name will harm your reputation.
Most people think of bodily injury from an assault as being a black eye, busted nose, bruise or some similar physical impairment. But the legal definition of bodily injury is much more lenient. The Texas Penal code defines bodily injury as “physical pain, illness, or any impairment of physical condition.” Therefore, the victim doesn’t have to show any physical injury to have suffered bodily injury. They only have to feel “physical pain.” When police officer investigate assault allegations and interview alleged victims, the officers often word their questions in a way to lead the person to say they “felt pain,” even when not physical signs are present. This allows the officer to have probable cause, a very minimal threshold to make an arrest.
Assault causing bodily injury are class A misdemeanors, punishable by up to 1 year in jail and a $4,000.00 fine. For this reason, as well as to save your reputation, it is important to meet with a criminal defense attorney as soon as you feel you are being investigated for an assault crime.
In Texas, Aggravated Assault occurs when a person commits an assault and either:
- causes serious bodily injury, or
- uses or exhibits a deadly weapon during the commission of the assault.
SERIOUS BODILY INJURY
The definition of serious bodily injury is “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Assaults causing serious bodily injury are felonies in Texas. The punishment for these offenses range from a minimum of 2 years in prison up to life in prison (depending on a person’s criminal history, the victim and whether a deadly weapon was used).
Most people think of a deadly weapon being a gun, knife, brass knuckles, or other similar objects. But in Texas, the definition of deadly weapon is so broad it could include anything! The law states, other than firearms, a deadly weapon is “anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” Thus, even a pencil could be a deadly weapon under Texas law. Prosecutors often allege one’s hands and feet as deadly weapons if serious bodily injury is caused from either.
3G OFFENSE (see FAQ section)
If a it is found true that a person used or exhibited a deadly weapon during the commission of a felony offense (including Aggravated Assault) or while fleeing afterward, the offense is considered a 3G offense under Texas law. 3G indicates that a crime is very serious. Any one convicted of a 3G offense faces more sever penalties, including the requirement of serving at least ½ of their prison sentence or 30 years, which ever is less. Or, if the sentence is 4 years or less, a person is not eligible for parole until serving at least 2 years. See a more detailed analysis of 3G Offenses in the FAQ section.
If you have been arrested for any level assault charge, it is important to call a Dallas assault criminal defense attorney Gary Redman as soon as possible begin building your defense. Gary Redman is well qualified to defend any violent crime you are facing. Contact Gary to schedule a free case evaluation.
At all costs, you have to avoid “assault” being associated with your criminal record!
Contact Gary For A Free Consultation
Gary Redman is available for a no cost consultation for anyone seeking to hire a criminal defense attorney. To arrange for an appointment, Gary can be reached at 214-651-1121 or via email at Gary@GaryRedman.com