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Law Offices of Richard C. McConathy
5700 Granite Pkwy #200
Plano , Texas , 75024 USA
(469) 304-3422

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Assault is a violent crime that a person could be charged with even when they did not intend to cause harm to another person. An assault crime could be a simple assault, a sexual assault, indecent assault, aggravated assault, aggravated sexual assault, or domestic assault.

Assault crimes are taken very seriously by prosecutors because the violent nature of the alleged offense can often lead to a determined effort to make sure the alleged offender is removed from society through imprisonment. Anybody accused of an assault offense will want to make sure that they are able to contest the criminal charges against them so they can avoid some of the costly penalties that could be the result of a conviction.

Assault Charges

Assault Defense Lawyer in Plano, Allen, Frisco, and McKinney, TX

Were you arrested for an alleged assault offense in McKinney, Plano, Carrollton, or another community in Collin County? Do not wait to seek the help of an experienced criminal defense attorney.

The Law Offices of Richard C. McConathy has an extensive background representing people accused of all kinds of violent crimes. We can sit down with you and go over your case in greater detail when you call (469) 304-3422 or contact us online to receive a free consultation.

Assault Charges in Texas

Under Texas Penal Code § 22.01(a), a person commits an assault offense if they:

  • intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
  • intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse;  or
  • 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.
 

An offense under Texas Penal Code § 22.01(a)(1) is a Class A misdemeanor, except that the offense is a third-degree felony if the offense is 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 person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b) relating to dating violence, Texas Family Code § 71.003 relating to family, or Texas Family Code § 71.005 relating to households if it is shown on the trial of the offense that the alleged offender has been previously convicted of an offense under this chapter, Chapter 19, or Texas Penal Code § 20.03, 20.04, 21.11, or 25.11 against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), Texas Family Code § 71.003, or Texas Family Code § 71.005; or the 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;
  • a person who contracts with the government to perform a service in a facility as defined by Texas Penal Code § 1.07(a)(14), or Texas Family Code § 51.02(13) or (14), or an employee of that person while the person or employee is engaged in performing a service within the scope of the contract if the actor knows the person or employee is authorized by the government to provide the service; or in retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract;
  • a person the actor knows is a security officer while the officer is performing a duty as a security officer;
  • a person the actor knows is emergency services personnel while the person is providing emergency services;
  • a pregnant individual to force the individual to have an abortion; or
  • a person the actor knows is pregnant at the time of the offense.
 

An offense under Texas Penal Code § 22.01(a)(1) is also a third-degree felony if the offense is committed:

  • while the actor is committed to a civil commitment facility; and
  • against an officer or employee of the Texas Civil Commitment Office while the officer or employee is lawfully discharging an official duty at a civil commitment facility; or in retaliation for or on account of an exercise of official power or performance of official duty by the officer or employee; or a person who contracts with the state to perform a service in a civil commitment facility or an employee of that person while the person or employee is engaged in performing a service within the scope of the contract if the actor knows the person or employee is authorized by the state to provide the service; or in retaliation for or on account of the person’s or employee’s performance of a service within the scope of the contract.
 

An offense under Texas Penal Code § 22.01(a)(1) is a second-degree felony if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge.

An offense under Texas Penal Code § 22.01(a)(1) is also a second-degree felony if:

  • the offense is committed against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), Texas Family Code § 71.003, or Texas Family Code § 71.005;
  • it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Texas Penal Code § 20.03, 20.04, or 21.11 against a person whose relationship to or association with the defendant is described by Texas Family Code § 71.0021(b), Texas Family Code § 71.003, or Texas Family Code § 71.005; and
  • the 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.
 

An offense under Texas Penal Code § 22.01(a)(2) or (3) is a Class C misdemeanor, except that the offense is:

  • a Class A misdemeanor if the offense is committed under Texas Penal Code § 20.03(a)(3) against an elderly individual or disabled individual;
  • a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant; or in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant; or
  • a Class A misdemeanor if the offense is committed against a pregnant individual to force the individual to have an abortion.
 

An alleged offender is presumed to have known the person assaulted was a public servant, a security officer, or emergency services personnel if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer or emergency services personnel. Emergency services personnel is defined as including firefighters, emergency medical services personnel as defined by Texas Health and Safety Code § 773.003, emergency room personnel, and other individuals who, in the course and scope of employment or as a volunteer, provide services for the benefit of the general public during emergency situations.

A security officer is defined as a commissioned security officer as defined by Texas Occupations Code § 1702.002, or a noncommissioned security officer registered under Texas Occupations Code § 1702.221. A sports participant is a person who participates in any official capacity with respect to an interscholastic, intercollegiate, or other organized amateur or professional athletic competition and includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.

Assault Penalties in Plano, TX

Assault crimes could carry serious immediate and long-term consequences for individuals. Depending on how an assault crime was classified, a conviction could result in the following sentences:

  • Class C Misdemeanor — Fine of up to $500
  • Class B Misdemeanor — Up to 180 days in jail and/or fine of up to $2,000
  • Class A Misdemeanor — Up to one year in jail and/or fine of up to $4,000
  • Third-Degree Felony — Up to 10 years in prison and/or fine of up to $10,000
  • Second-Degree Felony — Up to 20 years in prison and/or fine of up to $10,000
 

Assault convictions can be somewhat long-lasting because the effect of having a conviction on a criminal record could lead to considerable difficulties obtaining employment or housing. Many individuals will be reluctant to deal with people who have assault convictions, and it could be beneficial for a person to possibly seal or expunge their criminal record.

Collin County Assault Resources

Irving v. State, 176 SW 3d 842 – Tex: Court of Criminal Appeals 2005 — Charles Ray Irving was convicted of the offense of aggravated assault. On appeal, Irving argued that the trial court erred in failing to instruct the jury on the lesser-included offense of simple assault. The Ninth Court of Appeals held that Irving was entitled to an instruction on the lesser-included offense and reversed and remanded the case to the trial court. The Texas Court of Criminal Appeals, however, re-affirmed its decision in Hayward v. State, 158 S.W.3d 476, 478 (Tex.Crim.App.2005) that a trial court is not required to instruct a jury on a lesser included offense where the conduct establishing the lesser offense is not “included” within the conduct charged; i.e. within the facts required to prove the charged offense.

Hall v. State, 158 SW 3d 470 – Tex: Court of Criminal Appeals 2005 — Ronnie Hall was charged with the felony of assault on a public servant and admitted at trial hitting Correctional Officer Mark Enloe, but contended that he offered some evidence that Enloe was not “lawfully discharging” his official duties as a correctional officer when he pushed Hall. Hall argued the trial court erred in refusing his request for a jury instruction on the lesser-included offense of misdemeanor assault, but the court of appeals affirmed and stated that because Enloe was on duty and acting within his official capacity, the appellant failed to offer evidence “that would allow a rational jury to convict Hall of only the lesser-included offense of assault.” 

The Texas Court of Criminal Appeals agreed with Hall that if there is record evidence that demonstrates a public officer is unlawfully discharging his official duties at the time a person assaults him, the defendant is entitled to a lesser-included charge, but because Hall did not offer evidence that Officer Enloe acted “unlawfully,” the court was forced to affirm the judgment of the court of appeals.

Find A Collin County Attorney to Fight Assault Charges | Law Offices of Richard C. McConathy

If you were arrested for an alleged assault anywhere in Collin County, it will be of great importance that you have legal representation. The Law Offices of Richard C. McConathy can be by your side when you appear in court and will work to make sure that you are able to achieve the most favorable possible outcome in your case.

Our firm may be able to get your criminal charges reduced or possibly even completely dismissed. Call (469) 304-3422 or contact us online to have us discuss every aspect of your case with you during a free consultation.

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