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Plano Assault Lawyer / Dallas
Domestic Violence Attorney / Texas Criminal Defense
Lawyer
Plano Texas, McKinney, Allen, Frisco,
Collin County, Denton, and Dallas
Assault /
Domestic Violence /
Family Violence
Printable Version
There are
numerous types of Assault Crimes in Texas. They
range from Simple Assault, which is Class C misdemeanor,
to Aggravated Assault, which is typically a Second
Degree felony (although there are circumstances in which
it could be charged as a First Degree felony). Every
type of Assault requires a different type of defense in
order to be successful.
Assault cases evoke strong emotional
reactions – at the heart of an assault allegation is an
injured person. However, the criminal laws have multiple
definitions for “injury” and a range of punishment for each
type of injury.
One of the more commonly-charged
Assault Crimes is Assault - Bodily Injury of a Family
Member.
“Domestic Violence” cases are
Assault offenses, but are based on an intimate
relationship between the parties -
according to the Texas Family Code Sections 71.021,
71.03, or 71.05. There are a number of collateral
consequences associated with a conviction for Assault -
Family Violence.
Under the law, both instances are the same, and
the prosecutor has the same
burden in both – to prove the criminal case beyond a reasonable
doubt.
A person accused of this crime will benefit from the
assistance of experienced
domestic violence lawyers
– those who have interviewed witnesses involved with this type
of crime and have tried a large number of these cases.
Penal Code Elements & Punishments
§22.01(a)(1) Tex Penal Code - Causes Bodily Injury
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A person
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intentionally, knowingly, or recklessly
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causes bodily injury
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to another, including the person's spouse
Punishment:
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Class A Misdemeanor, or
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3rd Degree Felony
§22.01(a)(2) Tex Penal Code - Threatens Bodily Injury
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A person
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intentionally or knowingly
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threatens another, including the person's spouse
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with imminent bodily injury
Punishment:
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Class C Misdemeanor, or
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Class B Misdemeanor
§22.01(a)(3) Tex Penal Code - Causes offensive or
provocative contact
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A person
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intentionally or knowingly
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causes physical contact with another
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when the actor knows or should reasonably believe
that the other will regard the contact as offensive
or provocative
Punishment:
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Class C Misdemeanor,
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Class B Misdemeanor, or
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Class A Misdemeanor
Aggravated Assault --
§22.02 Tex Penal
Code
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A person
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commits assault as
defined in Pen §22.01, and
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a. causes serious bodily injury to another,
including the person's spouse; or
b. uses or exhibits a deadly weapon during the
commission of the assault
Punishment:
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2nd Degree Felony,
or
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1st Degree Felony
Lesser Included Offenses:
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Assault (3rd degree
felony or Class A, B, or C misdemeanor); Pen §22.01
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Deadly Conduct (3rd
degree felony or Class A misdemeanor); Pen §22.05
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Reckless Driving;
Transp §545.401(a)
Injury to a Child, Elderly Individual, or Disabled
Individual
§22.04(a) Tex Penal Code
-- By Individual
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A person
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a. intentionally,
knowingly, recklessly, or with criminal negligence
by act, or intentionally,
knowingly, or recklessly by omission
causes serious bodily injury
b. intentionally, knowingly, recklessly, or with
criminal negligence by act, or
knowingly, intentionally, knowingly, or recklessly
by omission causes serious mental
deficiency, impairment, or injury; or
c. intentionally, knowingly, recklessly, or with
criminal negligence by act, or
knowingly, intentionally, or recklessly by
omission causes bodily injury
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to a child,
elderly individual, or
disabled individual
Punishment:
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State Jail Felony,
if:
a. recklessly causes bodily injury; or
b. acts with criminal negligence
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3rd Degree Felony,
if: intentionally or knowingly causes bodily injury
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2nd Degree Felony,
if: recklessly causes serious bodily injury or
serious mental deficiency, impairment, or injury
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1st Degree Felony,
if: intentionally or knowingly causes serious bodily
injury or serious mental deficiency, impairment, or
injury
§22.04(a-1) Tex Penal Code
-- By Caretaker
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A person
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who is an
owner, operator, or employee
of
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a group home,
nursing facility, assisted living facility,
intermediate care facility for person with mental
retardation, or other institutional care facility
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intentionally,
knowingly, recklessly, or with criminal negligence
by omission
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a. causes serious
bodily injury;
b. causes serous mental deficiency, impairment, or
injury;
c. causes bodily injury; or
d. causes exploitation
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to a child,
elderly individual, or disabled
individual
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who is a resident of
that group or home facility
Punishment:
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State Jail Felony,
if:
a. recklessly causes bodily injury, or exploitation
b. acts with criminal negligence
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3rd Degree Felony,
if: intentionally or knowingly causes bodily injury
or exploitation
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2nd Degree Felony,
if: recklessly causes serious bodily injury or
serious mental deficiency, impairment, or injury
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1st Degree Felony,
if: intentionally or knowing causes serous bodily
injury or serious mental deficiency, impairment, or
injury
Abandoning
or Endangering a Child
§22.041(b) Tex Penal Code
-- Abandons
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A person
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having custody,
care, or control of a child younger than 15 years of
age
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intentionally
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abandons
the child in any place under circumstances that
expose the child to an unreasonable risk of harm,
and
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the person did not
voluntarily deliver the child to a designated
emergency infant care provider under Fam
§262.302
Punishment:
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State Jail Felony,
if: abandons the child with intent to return for the
child
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3rd Degree Felony,
if: abandons the child without intent to return for
the child
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2nd Degree Felony,
if: abandons the child under circumstances that a
reasonable person would believe would place the
child in imminent danger of death, bodily injury, or
physical or mental impairment
§22.041(c) Tex Penal Code
-- Endangers
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A person
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intentionally,
knowingly, recklessly, or with criminal negligence
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engages in conduct
by act or omission
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that places a child
younger than 15 years
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in imminent danger
of death, bodily injury, or physical or mental
impairment, and
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the person did not
voluntarily deliver the child to a designated
emergency infant care provider under Fam
§262.302
Punishment: State Jail
Felony
Deadly Conduct
§22.05(a) Tex Penal Code
-- Imminent danger of serious bodily injury
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A person
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recklessly
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engages in conduct
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that places another
in imminent danger of serious bodily injury
Punishment: Class A
Misdemeanor
§22.05(b)(1) Tex Penal Code
-- Discharges a firearm -- individual
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A person
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knowingly
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discharges a firearm
at or in the direction of a
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one or more
individuals
Punishment: 3rd Degree
Felony
Harassment by Persons in Certain Correctional
Facilities; Harassment of Public Servant
§22.11(a)(1) Tex Penal Code -- While imprisoned or
confined
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A person
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with intent to
assault, harass, or alarm another person, and
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while imprisoned or
confined in a correctional or
detention facility
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causes another
person to contact
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the blood, seminal
fluid, vaginal fluid, saliva, urine, or feces of
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the actor or any
other person, or an animal
Punishment: 3rd Degree
Felony
§22.11(a)(2) Tex Penal Code -- While public servant
lawfully discharging duty, in retaliation, or exercising
official power
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A person
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with intent to
assault, harass, or alarm another person,
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causes another
person the actor knows to be a public servant to
cotnact
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the blood, seminal
fluid, vaginal fluid, saliva, urine, or feces of
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the actor, any other
person, or an animal
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a. while the public
servant is lawfully discharging an official duty;
b. in retaliation, or
c. on account of an exercise of the public servant's
official power or performance of an official duty
Punishment: 3rd Degree
Felony
Contact the Tidwell Law Firm Today
If you need the assistance of an experienced divorce lawyer or a criminal defense lawyer, please contact The Tidwell Law Firm. We are dedicated to providing quality legal representation to clients throughout the Dallas / Fort Worth (DFW) metroplex, including Dallas, Collin, Tarrant and Denton counties (Plano, McKinney, Allen, Arlington, Richardson, Carrollton, Grand Prarie, Irving, Southlake, Coppell, etc).
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