The State of Texas classifies assault as an intentional, purposeful or reckless offense on another person that results in physical injury. Assault can also be the act of:
• Threatening another person with imminent harm
• Making physical contact with another person knowing it will be perceived as provocative or offensive.
Anything that qualifies as one of the above could result in simple assault charges, and then when you consider additional factors of “who” and “how,” the charges can escalate. There are very serious penalties for individuals who commit either aggravated assault, an assault which causes serious bodily injury, or domestic violence, assaulting a family member.
Misdemeanor vs Felony
If you have been accused of assault in the DFW area, your case will be presented before either the local Dallas District Attorney or the Tarrant County District Attorney. The district attorney will decide whether you are facing a misdemeanor or a felonyassault charge depending on the context and severity of your actions.
Severity of Assault and the Consequences:
Assault Classes in Dallas/Fort Worth
Class A Misdemeanor
Assaults referred to as “simple assaults,” in which the assailant intentionally, knowingly, purposefully, or recklessly causes minimal bodily injury to another person.
$4,000, or up to one year in jail
Class B Misdemeanor
An assault that causes minimal bodily injury where the victim is sports official or participant (i.e. A sports official at the AT&T stadium in Arlington, or assaulting the umpire at a children’s baseball game)
$2,000 or 180 days in jail
Class C Misdemeanor
An assault that involves verbal threatening or uninvited physical contact, without bodily injury. If the offense is committed against an elderly or disabled individual, it becomes a Class A misdemeanor.
up to $500
An assault that involves use of a weapon/firearm or an assault on a public servant, such as a Fort Worth police officer.
Up to $10,000. Felony assaults can result in a prison sentence up to 20 years.
If you commit what would normally be a Class A misdemeanor assault causing bodily injury to a person you know to be a peace officer or judge, the punishment is increased to a second degree felony with a punishment range of up to 20 years in prison and a fine up to $10,000.
If you are convicted of aggravated assault in Dallas or Fort Worth, you could be facing a sentence of two years to life in the Texas penitentiary, and a monetary fine of up to $10,000.
Charged with Assault?
Assault charges at every level–misdemeanor or felony–are categorized as violent charges and must be taken seriously since they result in vigorous prosecutions. Depending on the result of your case, even a misdemeanor assault charge may appear on a background check or disqualify you from a job.
If you feel that you have been falsely represented or wrongfully accused, seek out a proactive lawyer who can help you minimize charges or gain dismissal. Justin Sparks is well versed with assault criminal defense cases and can help you find your most viable defense.
Call Fort Worth Assault Attorney Justin Sparks
An assault charge, whether a Class C Misdemeanor or a felony, is not easily expunged in Texas. If you have been charged with assault, call Fort Worth lawyer Justin Sparks. Justin has served the citizens of Dallas/Fort Worth for over ten years, and has advised numerous assault defendants on cases like yours.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.