Assault and Battery
If you’re accused of assault, talking to an assault lawyer right away is crucial. An experienced assault and battery lawyer can craft an effective defense. Only a criminal defense lawyer who understands Texas assault charges has the knowledge to fight them.
Nguyen & Chen handles all the following types of cases:
In Texas, three categories of acts qualify as simple assault:
- Intentionally, knowingly or recklessly causing bodily harm to another person;
- Threatening any other person with imminent bodily harm (like “I’ll kill you!”);
- Causing contact with another person that you know is provocative or offensive.
The definition of simple assault is laid out in Texas Penal Code §22.01, which asserts a verbal threat can be considered simple assault. The court is empowered to take the context of “threats” into account, especially whether the victim had reasonable fear of injury.
Aggravated assault happens when someone causes serious bodily injury to another person. All cases where the attacker uses or exhibits a deadly weapon are considered aggravated assault. “Aggravated” refers to the circumstances, not the individuals.
Although the law defines a gun as a deadly weapon, any object made to cause harm can be one. Even common items like a baseball bat, kitchen knife, two-by-four or stone can be a “deadly weapon” if it can cause serious injury.
Unlike simple assault, aggravated assault is always a felony.
Felony Assault or Battery
In many states, assault and battery are separate crimes. In Texas, the elements of a battery case are the same as those of an assault case, as listed above. A case becomes a felony based on a number of additional factors:
- The victim is related to the defendant or lives in the defendant’s household;
- Either the defendant or victim is a public servant who was acting under his/her duties;
- The victim was a security officer on duty at the time of the offense;
- The defendant was in a motor vehicle and recklessly discharged a firearm.
Depending on the circumstances, battery may be either a misdemeanor or a felony in Texas.
Sexual assault (rape) occurs when an individual knowingly, intentionally commits prohibited sexual activities without the victim’s consent. Consent cannot be obtained if the victim is threatened, is a child (under 17 years of age) or is unable to resist or to “appreciate the nature of the act.”
At Nguyen & Chen, our civil litigation experts have successfully defended clients from all kinds of assault and battery charges. No matter what the details of your case are or where in Texas the events took place, we can help you protect your legal rights. Contact us today.