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Penalties for Assault in Texas

In Texas, assault is defined under Texas Penal Code Section 22.01 and the penalties for assault in Texas can vary. Depending upon the allegations and circumstances in each individual case, an assault case could be charged as either a misdemeanor or felony. For example, assault causing bodily injury is a Class A misdemeanor, which carries up to 1 year in jail and/or up to a $4,000 fine.  However, if there are allegations of a deadly weapon involved, the case could be charged as an aggravated assault, which carries a punishment range of 2 to 20 years in state prison, and a fine of up to $10,000. The least serious type of assault charge in Texas is assault by contact or simple assault, which is a Class C misdemeanor and is punishable by a fine of up to $500, but no jail time. However, a conviction for any type of assault offense can lead to a permanent criminal record that cannot be expunged or sealed.

Domestic Assault Charges in Texas

In Texas, assaults that involve allegations of family or domestic violence represent many of the assault cases that make their way into a  court room. To be classified as an assault family violence case in Texas, the alleged victim must be a family member, spouse, someone from the same household or someone with whom you have had a dating relationship, past or present. If you are convicted, or even placed on deferred adjudication with an affirmative finding of family violence, you can never seal this arrest or any other unrelated case which might otherwise be eligible for non-disclosure. Additionally, an affirmative finding of family violence can affect your ability to own or possess a firearm and can also be used to enhance any future assault family violence cases against you to a felony.

Austin Assault Lawyer

If you have been arrested or are facing any type of assault charge in Austin, Texas, protect your criminal record by scheduling a free legal consultation with an Austin assault lawyer. If you are confused or unsure how to proceed, please call Attorney Kevin Bennett at (512) 476-4626. You may also contact us through email.

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