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When is assault classified as a felony?

On Behalf of | Mar 31, 2021 | Assault, Blog, Criminal Defense |

Some states regard assault and battery as two separate offenses, and some states treat these offenses the same. The two crimes are closely related. Assault occurs when someone threatens another person with bodily harm, and battery is the term used to describe actual physical contact. Texas regards the cases against assault and battery the same, but there are several different classifications depending on the severity of the crime. It is important to be aware of these variations before hiring a criminal defense attorney.

Texas Penal Code 22.01

When it comes to criminal defense law, a person becomes an offender if they knowingly inflict bodily injury onto someone else, including a spouse. An individual can also be an offender if they intentionally threaten someone with bodily harm or cause physical contact with another with intent to harm.

Misdemeanor offense classifications

Criminal defense law states that a person threatens someone with bodily harm or physically inflicts harm, this is considered a Class C misdemeanor if not other pertinent factors are present.

A Class B misdemeanor is when a person assaults an athlete during a sports performance as retaliation for the athlete’s performance.

If a person physically harms an elderly individual and there are no other pertinent factors present, this is a Class A misdemeanor.

Felony offense classifications

Assault-related felonies are classified into three sections:

A 3rd-degree felony is when a person assaults a public servant while the public servant is performing their reasonable duty. This felony offense also applies when defendants attack a friend, loved one, or romantic partner and have been convicted of a similar offense in the past.

2nd-degree felony is when a person knowingly restricts the airway of someone else (i.e. family member, significant other), and has a previous assault-related charge.

A 1st-degree felony is aggravated assault against a significant other or a person in the defendant’s household, or against a police officer, public official, informant, or witness.

A criminal defense attorney could help you navigate your case and provide beneficial counsel so you or your loved one can receive a fair settlement.


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