Justice for Hispanics®
Assault Charges Attorney –
Defending Hispanics since 2000
Attorney Javier Marcos believes in Justice for Hispanics. From the start of his successful law firm in 2000, Attorney Javier Marcos has worked diligently in representing the Hispanic people of Houston in criminal defense cases, personal injury cases, and cases involving construction liens. If you have a DWI, have been arrested, accused of domestic violence, accused because of drugs, you need to call a assault charges attorney, 713.528.7711.
Charged With Assault or battery?
Common law legal systems have separate definitions for assault and battery. Assault is committed when one person tries or does harm to another and / or when threats are made to cause fear in another. Battery is committed when one person does harmful touching to another person without their consent.
According to Texas Penal Code Chapter 22:
ASSAULT. (a) A person commits an offense if the person:
(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Classifications of the Offense
An assault can can be charged as either a misdemeanor or a felony. A misdemeanor is punished less than felonies and many are punished with monetary fines. A felony is considered a serious crime and involves a crime punishable by imprisonment in excess of one year or by death. There are different types of classifications for committing an assault:
Class C misdemeanor if a person threatens another with bodily harm or causes physical contact in a provocative or offensive way, and no other aggravating factors are present.
Class B misdemeanor if a person commits assault against someone who is a sports participant during a performance or in retaliation for a performance.
Class A misdemeanor if a person causes bodily injury to another, and no other aggravating factors are present; or if a person causes physical contact in a provocative or offensive way against an elderly individual.
3rd degree felony if act committed against:
- A person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
- A family member, member of the household, or dating relationship if defendant has been previously convicted of a similar offense, or if the offense was committed by intentionally or recklessly choking the victim;
- A person who contracts with the government for certain family services (such as Child Protective Services) acting in their official duties, or who is retaliated against for said duties;
- A person the actor knows is a security officer performing within the scope of their duties; or
- A person the actor knows is emergency services personnel while the person is providing emergency services.
2nd degree felony if:
- Offense is committed against a family member, member of the household, or dating relationship;
- Defendant has been previously convicted of a similar offense against an individual described above; and
- Offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth (choking).
- (or for aggravated assault, see below)
1st degree felony if aggravated assault is committed against:
- Someone with whom you have a domestic relationship; or
- A public official, police officer, emergency worker, security guard, witness, or informant.
Penalties for Assault charges | Assault charges attorney
- Class C misdemeanor: Fine of up to $500.
- Class B misdemeanor: Up to 180 days in jail, fine of up to $2,000.
- Class A misdemeanor: Up to 1 year in jail, fine of up to $4,000.
- Third degree felony: Up to 10 years in prison, fine of up to $10,000
- Second degree felony: 2 to 20 years in prison, fine of up to $10,000.
- First degree felony: 5 years to life in prison, plus fine.
If you are facing any type of assault charges, you need to call assault charges Attorney Javier Marcos. Assault charges can result in very serious penalties that can follow you the rest of your life. If you own a gun or have a concealed handgun license an assault charge could result in the loss of ability to own a gun.
Your Call Is Important
It’s important that you quickly call Attorney Javier Marcos & Associates so that you can learn your rights and do not worsen your legal position. If you have been arrested, do not talk to the police, ask for Attorney Javier Marcos. Let us help you in your criminal case. We can help you reduce your criminal charge to a lesser offense, lessen the severity of the punishment, reduce or eliminate jail time and help you do a defense strategy.
Attorney Free Consultation is provided by Javier Marcos and Associates, your information is 100% confidential. We can help you if you have been if you have been arrested, have a DWI, DUI, criminal charges, sentencing or need a drug defense it is important to call right now.