Assault in TexasNon-Family Assault and Family Violence Assault
To be guilty of aggravated assault with deadly weapon, it must be proved you committed a simple assault while using or exhibiting a deadly weapon.
Many people are surprised to learn that it is possible to be charged with assault even if there was no contact between the alleged offender and the victim. A person may be charged with assault if:
- Intentionally, knowingly, or recklessly caused bodily injury to another person.
- Intentionally or knowingly threatened someone with bodily injury.
- Intentionally or knowingly caused physical contact in a manner considered offensive or provocative.
A deadly weapon is a firearm or other object or thing that is capable of causing serious bodily injury or death. This definition is very inclusive because it focuses on the phrase “capable of causing.” Thus, a car, a bottle, or perhaps even a martial artist’s hands might be considered deadly weapons.
Typically charged as a second degree felony, aggravated assault with deadly weapon can be charged as a more serious first degree felony under certain circumstances: such as if the victim is a family member, a public servant, a security guard, or a witness in a criminal case and the assault is retaliatory or threatening in nature.
Nonpermissive sexual penetration of an adult without consent, or sexual contact or penetration of a victim under the age of 17, is a second-degree felony in most instances.
Assault on a public servant occurs when someone intentionally, knowingly, or recklessly causes bodily injury to a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation to the exercise of official power of a public servant.
Assault Family Violence
Assault family violence is just a type of assault. It has the same elements as all other assaults. What makes it different is that a judge makes a finding of family violence if the alleged victim was a member of the accused’s household as defined by the Family Code.
The statute 22.01(b)(2)(B) defines strangulation as intentionally impeding someone’s normal breathing of circulation of the blood by applying pressure to their throat, neck. The statute also includes blocking the person’s nose or mouth.
While a first conviction of assault against a family member is a class A misdemeanor, after your first conviction or deferred adjudication for assault against a family member, any subsequent charges for the same will result in a felony.
Violating a Protective Order is a Class A Misdemeanor. A protective order generally prohibits future acts of violence and contact between the petitioner (person requesting protection) and the respondent (the person who is being requested to stay away).
In Texas, it is illegal to interfere with another person's attempt to request emergency assistance. You can be charged with interference with an emergency request for assistance, if you:
- Knowingly or recklessly
- Prevent or interfere
- With another's ability to place an emergency call or to request assistance
- In an emergency
- From a law enforcement official, medical facility, or other entity with the purpose of providing safety to individuals.
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