Kelly McMahan Law focuses on various traffic ticket cases and class C misdemeanors. However, Kelly McMahan also helps clients with assault cases. Assault is a serious action and should never be taken lightly. That said, it is important to know the different levels of assault in the state of Texas.
The basic definition of assault in Texas includes three different kinds of actions.
Intentionally, knowingly, or recklessly causing physical harm
Intentionally threatening a person with imminent physical harm
Using physical contact that is offensive or provocative intentionally
These three kinds of actions dictate assault in the state of Texas. Sexual acts of assault fall under other statutes.
Four Types of Assault
The state of Texas recognizes four different types of assault: Class C, Class B, Class A, Third-Degree Felony. Each of these classes of assault has its own classification, fines, and punishments.
Class C Misdemeanor
A class C misdemeanor assault charge results in no physical harm. Instead, the person issued a threat of physical harm to the victim or touched them in an offensive manner. The punishment for this level of assault is a $500 fine and no jail time.
Class B Misdemeanor
A class B misdemeanor applies when a non-sports participant (i.e., a fan) threatens of physically provokes a sports participant. Sports participants include coaches, players, umpires, referees, and staff members. This is what is known as the “sports fan” clause and aims to protect athletes from angry fans. The penalty for this kind of assault is a fine up to $2,000 and six months in prison.
Class A Misdemeanor
If assault does result in physical harm, then it will be classified as at least a class A misdemeanor. Physically provoking and offending an elderly or disabled individual is also considered to be a class A misdemeanor. Perpetrators can expect a $4,000 fine and up to a year in prison.
An assault charge became a third-degree felony when the assault was targeted toward a specific party. A family member, partner, or roommate may turn a class A misdemeanor into a third-degree felony. If the person has past convictions associated with these parties, then a third-degree felony is more likely.
Other parties included in a third-degree felony include public servants, government employees, security officers, and emergency service personnel. Punishment for such a crime includes two to ten years in prison and up to a $10,000 fine.
Obtain an Assualt Lawyer Today
If you need a lawyer for your assault case, then get in touch with Kelly McMahan Law today. Clients can reach her office by calling (512) 843-2889. Be sure to visit the services page on her website for more information.