The Strauss Law Firm Defends Criminal Assault
Assault is defined as any willful attempt or threat to inflict injury on another person with the immediate ability to carry out the threat. This can include verbal threats and/or threatening behavior. A common example would be shaking a fist at another coupled with the obvious ability to carry out the threat and the victim believing they that will be injured. This display of force would give the victim reason to fear or expect immediate bodily harm and that this action constitutes Assault. Assault may be committed with actually touching, striking or doing bodily harm.
Aggravated Assault is the crime committed with the intention of committing an additional crime. This class also includes Assault with a dangerous or deadly weapon. A person is guilty of aggravated assault if he or she attempts to cause serious bodily injury to another, or causes such injury purposefully.
Simple Assault is defined as an assault on another without any circumstances of aggravation or provocation. A person is guilty of simple assault if he attempts to cause or purposely, knowingly or recklessly causes harm to another or knowingly or recklessly causes bodily injury to another.
Assault and Battery are actually two crimes with assault defined earlier and battery being the purposeful physically contact of some sort, (bodily injury or offensive touching). Battery results in physical injury. Assault and Battery differ from one another in that assault is committed without physical contact where as battery requires physical contact.
Assault with a dangerous or deadly weapon is the act of or attempt to do bodily harm to another without justification or excuse by the use of any instrument designed to do harm or cause death. Pointing a gun or rifle at someone, even if it isn’t loaded or cannot be fired still constitutes assault with a deadly weapon.
Assault with the intent to commit manslaughter is defined as an assault that could result or has resulted in the death of another. For example; threatening to strike someone that results in them taking action, such as running out into traffic and being injured or killed. Assault with the intent to commit murder is defined as the specific intent to murder someone.
The laws concerning any type of assault are serious offenses in the state of Texas and can result in severe punishment including incarceration. There are enhanced minimum sentences when the offense is committed against a victim who is elderly, pregnant, incapacitated, in a public vehicle such as a bus or a train, between family members, when the victim is a law enforcement or correctional officer, and in other special circumstances.
If possible it is in your best interest to have an attorney with you at the time of arrest. During arrests, mistakes can occur than can both violate your legal rights and hinder evidence that could be used to defend you. Assault cases require not only an experienced and knowledgeable attorney with good defense strategies but an attorney is familiar with the local courts and law enforcement agencies.