Assault charges in Texas are serious. If convicted, you will have a violent crime on your criminal record.
Aside from the potential jail time and hefty fine, trying to explain it away to a prospective college or employer will not be easy.
Accordingly, it is crucial for you to understand what assault charges truly involve as well as the penalties associated with them.
What Counts as Assault?
When we think of assault, we sometimes confuse it with battery. Battery is the unlawful application of force to another person that results in bodily injury or an offensive contact.
However, for criminal assault, you can be found guilty without even touching the person. (Of course, if you do make a violent contact with the person, you can be convicted of assault.)
By definition, criminal assault is the intentional creation of a reasonable apprehension of imminent bodily harm or actually causing such harm.
Therefore, holding a knife within an inch of a person’s throat will be considered assault whether you or the knife made contact with the person.
What Charges Can I Face?
New Jersey recognizes three general categories of assault:
- Simple Assault
- Aggravated Assault
- Assault by Automobile
If you knowingly or negligently caused bodily harm to a person or put him in reasonable fear of bodily harm, you will be guilty of simple assault.
Although simple assault is the least severe assault charge that you can get (i.e. it is a disorderly persons offense), a conviction could mean serving up to 6 months in jail and a fine of up to $1,000.
If you commit simply assault while exhibiting an extreme indifference to value of human life, you will be guilty of aggravated assault.
Additionally, if you commit simple assault with a deadly weapon, you will be guilty of aggravated assault.
Moreover, assaulting a police officer, firefighter, or school bus driver acting in the scope of his duties will automatically be converted into aggravated assault (regardless of whether you used a weapon or were indifferent to the value of human life).
Remember, aggravated assault is a second degree crime. This means you will face up to 10 years behind bars and a fine of up to $150,000 if convicted.
Assault by automobile can only occur when you are driving an automobile. If you are a motorist and act with the express purpose or intent of colliding with a pedestrian, you will be guilty of assault by auto.
If the victim was lightly tapped and came away relatively unharmed, you can be guilty of a fourth degree crime. This means you can go to prison for up to 18 months and fined up to $10,000.
However, if the victim was injured, you will be guilty of a third degree crime punishable by up to 5 years of jail time and a fine of up to $15,000.
If you kill the individual, not only can you be charged with assault by auto, but you could also face charges for vehicular homicide (i.e. a second degree crime punishable by serving up to 10 years in jail and paying a maximum fine of $150,000).
Why You Need an Attorney
Dealing with assault charges can be very tricky and failing to properly handle the situation can result in devastating consequences that may haunt you for the rest of your life.
However, by hiring a criminal defense attorney, you will be getting the comfort and security of knowing that your case is in the right hands.
An experienced attorney knows how to raise all of the best defenses to get you out of harms way and avoid the stain of having a criminal conviction.
