Category Archives: Assault Battery
Defending Against Assault And Battery Charges In Texas
Assault and battery charges in Texas can arise fairly easily – an argument gets out of hand, a misunderstanding occurs, or objects get thrown. When law enforcement gets involved, at least one person may end up being charged with an assaultive crime under the Texas Penal Code. In Texas, “assault and battery” crimes are… Read More »
Family Violence Charges In Texas: Understanding The Legal Standards, Penalties, And Defenses
An assault allegation in Texas can turn into a charge of “Family Violence” if the alleged incident occurred between members of a family, or members of the same household. A Family Violence charge is one of the more serious criminal allegations a person can face – not just due to the criminal penalties involved,… Read More »
What Happens When Someone Is Sentenced To Both Federal And State Prison At The Same Time?
The criminal justice system in the United States is based on the principle of “dual sovereignty.” This means that both the federal and the state governments have their own distinct, sovereign power to define and punish criminal behavior. It is therefore possible for someone to be tried, convicted, and sentenced separately in both state… Read More »
Is Assaulting A Pregnant Person A Felony In Texas?
There are a number of factors that can bump an assault charge from a misdemeanor to a felony in Texas. Assault is normally prosecuted as a Class A misdemeanor. But if the prosecution can prove certain qualifying conditions apply, a jury may convict the defendant of a third-degree felony. These felony factors often revolve… Read More »
What Is Considered A “Dating Relationship” Under Texas Domestic Violence Laws?
The severity of a criminal assault charge in Texas will depend on a number of factors. For example, if the defendant has a prior conviction for certain offenses, and the alleged victim was a family member or in a “dating relationship” with the defendant, prosecutors may charge what would otherwise be a Class A… Read More »
Is Threatening Someone With A Knife A Felony?
Criminal assault does not necessarily mean making physical contact with a victim. Indeed, the definition of assault under the Texas Penal Code includes “intentionally or knowingly threaten[ing] another with imminent bodily injury.” So merely threatening to strike someone in the face is assault even if no punch is ever thrown or makes contact. To… Read More »
What Is Considered A “Serious Bodily Injury” In An Assault Case?
The evidence in a criminal case often makes a crucial difference in how a defendant is charged. For example, the Texas Penal Code defines “aggravated assault” as a second-degree felony. An aggravated assault requires proof that the defendant either caused “serious bodily injury” to another person or used or exhibited a deadly weapon during… Read More »
How A “Dating Relationship” Can Elevate Misdemeanor Assault To A Felony
In Texas, assault is ordinarily a Class A misdemeanor. But prosecutors can bump the charge to a third-degree felony if the assault is an act of family violence (i.e., domestic violence). The felony charge requires prosecutors to establish two things beyond a reasonable doubt: The defendant committed the assault in question against a member… Read More »