Assault Causing Bodily Injury
When a person is charged with assault in Texas, it is a very serious criminal offense that can result in extremely harsh penalties. The consequences can be even more severe if a person allegedly causes bodily injury to another person.
A conviction for assault will not only result in possible imprisonment and fines, but can also lead to a very damaging criminal record that could affect the alleged offender’s ability to obtain employment or housing. Prosecutors take violent crimes very seriously and will pursue maximum punishments in these cases, and anybody facing these charges will want to be sure to have legal counsel familiar with handling these types of charges.
Austin Assault Causing Bodily Injury Lawyer
Were you recently charged with intentionally, knowingly, or recklessly causing bodily injury to another person? As a member of the Texas Criminal Defense Lawyers Association and the Austin Criminal Defense Lawyers Association, Kevin Bennett is dedicated to working tirelessly to achieve the most favorable outcome to assault cases.
The Law Office of Kevin Bennett represents clients all over the greater Austin area, including such surrounding areas like Bee Cave, Lago Vista, Lakeway, Pflugerville, Sunset Valley, and West Lake Hills. Let our firm review your case by calling (512) 476-4626 right now to schedule a free, confidential consultation.
Travis County Assault Causing Bodily Injury Overview
- How might a person be charged with this crime?
- What are the possible consequences if an alleged offender is convicted?
- Does a person have any defense against these allegations?
Texas Penal Code § 1.07(8) defines bodily injury as physical pain, illness, or any impairment of physical condition. This is an extremely broad definition that essentially means a person may be charged with causing bodily injury even if the alleged victim does not require medical treatment and shows no physical signs of injuries.
Under Texas Penal Code § 22.01, assault is a Class A misdemeanor if a person intentionally, knowingly, or recklessly causes bodily injury to another person. However, this crime becomes a third-degree felony if the alleged victim is any of the following:
- A public servant lawfully discharging an official duty or the alleged assault was in retaliation or on account of an exercise of official power or performance of an official duty as a public servant
- A family member, household member, or person with whom the alleged offender had a dating relationship and either:
- The alleged offender has been previously convicted of a domestic violence offense
- The alleged assault involved intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the alleged victim by applying pressure to the person's throat or neck or by blocking the person's nose or mouth
- A government contractor performing a service within the scope of the contract, or the alleged assault was in retaliation for or on account of government contractor performing a service within the scope of the contract
- A security officer performing his or her duties
- Emergency services personnel while he or she was providing emergency services
Furthermore, an assault crime becomes a second-degree felony if the alleged victim is a family member, household member, or person with whom the alleged offender had a dating relationship and both the alleged offender has a prior domestic violence offense conviction and the alleged assault involved impeding the breath or blood circulation of the alleged victim.
The possible punishments for a person convicted of intentionally, knowingly, or recklessly causing bodily injury to another person depend on the specific classification of the alleged offense. Some of the consequences may include:
- Class A Misdemeanor — Punishable by up to one year in jail and/or a fine of up to $4,000
- Third-Degree Felony — Punishable by up to 10 years in prison and a fine of up to $10,000
- Second-Degree Felony — Punishable by up to 20 years in prison and a fine of up to $10,000
Every assault case is unique, and there are always circumstances in individual cases that may provide defense options not available in other situations. Some of the most common defenses against these charges include, but are not limited to:
- Insufficient Evidence — In cases in which there are no medical records or physical signs of injury, the prosecution will often rely heavily on the testimony of alleged victim. Witness testimony that contradicts the alleged victim’s recollection of the alleged assault can result in a not guilty verdict or charges being dismissed.
- Self-Defense — An alleged offender can be justified for using physical force against another person if he or she reasonably believed the force was immediately necessary to protect himself or herself against the other person who was using attempting to use unlawful force.
- Protection of Another Person — An alleged offender may be justified for using physical force against a person if it was used to protect a third party from unlawful or possibly deadly force.
- Protection Of Property — An alleged offender can be justified for using physical force against another person if the force is necessary to prevent the theft or destruction of property belonging to the alleged offender or another person.
- Mistaken Identity — In some cases, an alleged victim can simply misidentify his or her attacker.
Find the Best Assault Causing Bodily Injury Lawyer in Austin
If you have been arrested for intentionally, knowingly, or recklessly causing bodily injury to another person, you should immediately seek the help of an experienced criminal defense attorney. The Law Office of Kevin Bennett helps people throughout Austin facing assault charges, including such neighborhoods as West Campus, Tarrytown, Hyde Park, and Travis Heights.
Kevin Bennett aggressively defends clients against assault and other violent crime allegations. He can provide a complete evaluation of your case to help you understand your legal options when you call (512) 476-4626 to schedule a free consultation.