Assault Lawyer Based in Irving 

Combatting Your Assault Charges in the Greater Dallas-Fort Worth Area

Assault is a violent crime that could result in misdemeanor or felony charges. There are numerous factors that could further elevate a charge of assault, such as whether the assault was committed with a deadly weapon. 

At Kelley Legal, we defend clients who are facing any level of assault charge, including:

  • Misdemeanor assault
  • Aggravated assault with a deadly weapon
  • Family violence and felony family violence
  • Violation of a protective order 

Do not risk years in jail and hundreds of dollars in fines for accusations we can defend you against. Kelley Legal fights for defendants throughout the area, and Attorney Erin will work with you to explore your plea deal options or argue for mitigated charges.

Schedule a free consultation with Kelley Legal to get started. 

Misdemeanor and Felony Assault in Texas

Simple assault, a misdemeanor, occurs when a person:

  • intentionally, knowingly, or recklessly causes, or threatens to cause, bodily injury to another person; or
  • intentionally or knowingly engages in provocative or offensive physical contact with someone else.

The specific penalties for a crime of assault will depend on the level of harm inflicted, the alleged victim, and the defendant's criminal history. Simple assault that involved offensive contact or threats of physical harm is typically a Class C misdemeanor punishable by up to $500 in fines, but the offense can increase to a Class A misdemeanor punishable by up to one year in jail and $4,000 in fines if the alleged victim is elderly or disabled. Most assault offenses resulting in bodily injury are also Class A misdemeanors. The offense becomes a Class B misdemeanor punishable by up to 180 days in jail and $2,000 in fines if the alleged victim was a sports official or participant performing their duties during the sporting event.

In certain situations, a crime of assault may be penalized more severely at the felony level. 

In particular, assault resulting in bodily injury increases from a Class A misdemeanor to a third-degree felony punishable by two to 10 years in prison and up to $10,000 in fines if the offender knew the alleged victim was working in their capacity as:

  • A public servant
  • A government worker or contractor at a correctional facility or secure treatment or rehabilitation facility
  • A security officer
  • Emergency services personnel

It is also a third-degree felony to cause bodily injury to a pregnant victim or to commit repeat acts of family violence. 

In cases where the defendant assaulted and injured a police officer or judge while they are performing their legal duties, the offense is a second-degree felony punishable by two to 20 years in prison.

In both misdemeanor and felony assault cases, the offender can also be required to pay restitution to the alleged victims, which reimburses them for any expenses resulting from the assault (e.g., medical costs, counseling, repairs to damaged property). 

Assault with a Deadly Weapon

Another serious crime of assault is assault with a deadly weapon, which is an aggravated assault crime that employs the use or exhibition of a deadly weapon in the course of committing the assault. In this context, a “deadly weapon” is any object that is capable of causing death or serious bodily injury, such as a firearm, knife, rope, or baseball bat, if used in a way that threatens death.

Aggravated assault with a deadly weapon is generally charged as a second-degree felony punishable by two to 20 years in prison and up to $10,000 in fines.

The offense can increase to a first-degree felony punishable by five to 99 years in prison and up to $10,000 in fines if:

  • the offender used a deadly weapon to commit domestic assault and caused serious bodily injury;
  • the offender committed aggravated assault knowingly against a public servant or security officer;
  • the offender committed the offense in retaliation against a witness, informant, or person who reported a crime; or
  • the offender shot a firearm from a motor vehicle at a house, building, or other vehicle with reckless disregard for whether it was occupied and caused serious bodily injury to the alleged victim(s).

Allegations of assault are serious criminal matters, and you should take action immediately if you are facing accusations. Kelley Legal is here to defend you and strategize an effective argument against your charges. 

Let Attorney Erin combat the harsh penalties against you. Schedule a free consultation with Kelley Legal to discuss your case in more detail.

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