Assault Defense

Assault Charge Defense Attorney

If you are facing any type of assault charge, you should contact a Houston criminal defense attorney who will make sure that your rights are protected. Assault cases are taken serious in assault charge defense houston texas, felony assault charge defense houston texas, assault charge defense attorney houston texas, felony assault charge defense attorney houston texas, assault charges houston texas, felony assault charges houston texas, assault charge houston texas, assault charges law houston texas, felony assault houston texas, simple assault charges houston texas, misdemeanor charges houston texas, felony charges houston texas, aggravated assault charges houston texas, felony crimes houston texas, shoplifting charges houston texas, misdemeanor assault charges houston texas, misdemeanor assault houston texas, felony battery houston texas, felonies and misdemeanors houston texas, felony classifications houston texas, assault battery charges houston texas, juvenile assault charges houston texas, burglary charges houston texas, misdemeanor assault charge houston texas, battery assault charges houston texas, assault charge penalties houston texas, first degree felony houston texas, felony aggravated assault houston texas, misdemeanor crimes houston texas, grand theft felony houston texas, felony theft charges houston texas, assault felony houston texas, theft felony houston texas, assult charges felony grand theft houston texas, aggravated assault felony houston texas, misdemeanors and felonies houston texas, what are felony crimes houston texas, felony domestic assault houston texas, aggravated battery charges houston texas, felony assault sentence houston texasTexas, and you need an aggressive defense lawyer by your side. Brittany Carroll Lacayo will fight to achieve the best possible result for your assault charge, which may result in dismissed charges, reduced charges, or minimized punishment.

In Texas, an individual will be charged with assault if the person:

  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
  • Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Consent as a defense to Assault

The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution for Assault if the conduct did not threaten or inflict serious bodily injury, or the victim knew the conduct was a risk of his occupation, recognized medical treatment, or a scientific experiment conducted by recognized methods.

PUNISHMENTS FOR ASSAULT 

An assault will be classified as a Class C misdemeanor, punishable by a fine of up to $500 if:

  • The assault is committed by intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse; or
  • The assault is committed by intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
  • Exceptions:
    • If the offense is committed against an elderly or disabled individual, then it will be classified as a Class A Misdemeanor, punishable by up to one year in county jail, and a $4,000 fine.
    • If the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either acting as a sports participant, or in retaliation of the person acting as a sports participant, then it will be classified as a Class B Misdemeanor, punishable by up to 6 months in county jail, and a $2,000 fine.

An assault will be classified as a Class A misdemeanor, punishable by not more than 1 year in county jail and up to a $4,000 fine, if:

  • The assault is committed by intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse.

Assault can become a Third-Degree Felony, punishable by 2 – 10 years in prison, and a fine of up to $10,000 if:

  • The assault was committed against a family member, former spouse, parent of a child in common, or someone with whom they are in a romantic relationship, and you have a previous family violence conviction;
  • The assault was committed against a family member, former spouse, parent of a child in common, or someone with whom they are in a romantic relationship, and the offense was committed by intentionally, knowingly, or recklessly chocking the person or blocking the person’s nose or mouth;
  • You knew the person was a public servant or government contractor lawfully discharging an official duty, or the assault was committed in retaliation of the performance of his/her job; or
  • You knew the person was a security guard or an emergency services worker and you committed the assault while the person was performing his/her job.

Assault becomes a Second-Degree Felony, punishable by 2 – 20 years in prison, and a fine of up to $10,000 if:

  • The offense is committed against a family member, former spouse, parent of a child in common, or someone with whom they are in a romantic relationship;
  • You have a previous family violence conviction; and
  • The offense is committed by intentionally, knowingly, or recklessly chocking the person or blocking the person’s nose or mouth.

AGGRAVATED ASSAULT

A person can be charged with aggravated assault which is a Second-Degree Felony punishable by 2 to 20 years in prison and up to a $10,000 fine if they:

  • Cause serious bodily injury to another person, or
  • Use or exhibit a deadly weapon during the commission of the assault

An aggravated assault will be classified as a First-Degree Felony punishable by 5 – 99 years in prison and a fine of up to $10,000 if:

  • The individual uses a deadly weapon during the assault and causes serious bodily to a family member, former spouse, parent of a child in common, or someone with whom they are in a romantic relationship;
  • The offense is committed by a public servant acting under the color of the servant’s office or employment;
  • The office is committed against a person the actor knows is a public servant while the public servant is performing his/her job;
  • The offense was committed against or on account of the service of another person as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;
  • The offense is committed against a person the actor knows is a security officer while the officer is doing his/her job; or
  • The individual is in a motor vehicle and discharges a firearm toward a habitation, building or vehicle while being reckless as to whether it is occupied resulting in the serious bodily injury of another person.

Consent as a defense to Aggravated Assault

The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution for Aggravated Assault if the conduct did not threaten or inflict serious bodily injury, or the victim knew the conduct was a risk of his occupation, recognized medical treatment, or a scientific experiment conducted by recognized methods.

INTOXICATION ASSAULT

If you have been charged with intoxication assault you should contact an attorney immediately. You can contact Brittany Carroll Lacayo at 713-504-0506, by email, or by her online contact form to criminal homicide, murder defense, murder defense attorney, murder defense charge attorney, murder in self defense, defense attorney, criminal defense attorney, criminal homicide cases, criminal defense attorneys, criminal defense attorney texas, defense attorneys, first degree murder, criminal lawyer, second degree murder, best criminal defense attorneys, background check, criminal defense lawyer, federal criminal defense attorney, homicides, criminal lawyers, criminal defense, criminal attorney, defense lawyer, background check free, what is homicide, top criminal defense attorneys, defenses to murder, texas criminal defense attorney, criminal attorneys, background checks, criminal charges, free online background checks, fbi background check, non criminal homicideschedule a free initial consultation and case evaluation. A conviction for Intoxication Assault can have serious consequences on your career, your education opportunities, your driver’s license, and your freedom.

A person commits the offense of intoxication assault if the person, by accident or mistake while operating an aircraft, watercraft, or amusement ride while intoxicated, or while operating a motor vehicle in a public place while intoxicated, by reason of intoxication causes serious bodily injury to another; or as a result of assembling a mobile amusement ride while intoxicated causes serious bodily injury to another.

What does it mean to be legally “intoxicated”?

Under Texas law, a person is intoxicated if they do not have the normal use of their mental or physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, or any other substance into the body; or having an alcohol concentration of 0.08 or more.

What does “serious bodily injury” mean?

“Serious bodily injury” means injury that creates a substantial risk of death or that causes serious permanent disfigurement or protracted loss or impairment of the function of any bodily member or organ.

Punishment for Intoxication Assault

Intoxication Assault is a Third-Degree Felony punishable by 2 to 10 years in prison and up to a $10,000 fine.

INJURY TO A CHILD, ELDERLY INDIVIDUAL OR DISABLED INDIVIDUAL

In Texas, a person can be charged with injury to a child, elderly individual, or Disabled Individual if the person intentionally, knowingly, or recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual or disabled individual (1) serious bodily injury, (2) serious mental deficiency, impairment or injury, or (3) bodily injury.

A person can also be charged with this offense if the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person intentionally, knowingly, recklessly, or with criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (1) serious bodily injury, (2) serious mental deficiency, impairment or injury, or (3) bodily injury.

Punishment for Injury to a Child, Elderly Individual or Disabled Individual

When the person intentionally or knowingly causes injury to a child, elderly individual or disabled individual resulting in serious bodily injury or serious mental deficiency the offense is a First-Degree Felony punishable by 5-99 years in prison, and up to a $10,000 fine.

When the person recklessly causes injury to a child, elderly individual or disabled individual resulting in serious bodily injury or serious mental deficiency the offense is a Second-Degree Felony punishable by 2-20 years in prison, and up to a $10,000 fine.

When the person intentionally or knowingly causes injury to a child, elderly individual or disabled individual resulting in bodily injury the offense is a Third-Degree Felony punishable by 2-10 years in prison, and up to a $10,000 fine.  However, it is a Second-Degree Felony punishable by 2-20 years in prison and up to a $10,000 fine when the victim is a disabled individual residing in a center, or in a facility, and the actor is an employee of the center or facility whose employment involved providing direct care for the victim. When the conduct is engaged in recklessly, the offense is a State Jail Felony punishable by 6 months to 2 years in state jail, and up to a $10,000 fine.

When the person acts with criminal negligence causing injury to a child, elderly individual or disabled individual resulting in serious bodily injury the offense is a State Jail Felony punishable by 6 months to 2 years in state jail and up to a $10,000 fine.

The offense is a State Jail Felony punishable by 6 months to 2 years in state jail and a $10,000 fine when the person is an owner, operator, or employee of a group home, nursing facility, assisted living facility, intermediate care facility for persons with mental retardation, or other institutional care facility and the person by criminal negligence by omission causes to a child, elderly individual, or disabled individual who is a resident of that group home or facility: (1) serious bodily injury, (2) serious mental deficiency, impairment or injury, or (3) bodily injury.

ABANDONING OR ENDANGERING A CHILD

In Texas, a person can be charged with abandoning or endangering a child if the person:

  • has custody, care or control of a child younger than 15 years, and the person intentionally abandons the child in any place under circumstances that expose the child to an unreasonable risk of harm, or
  • intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engages in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment.
    • It is presumed that a person engaged in conduct that places a child in imminent danger of death, bodily injury, or physical or mental impairment if:
      • the person manufactured, possessed, or in any way introduced into the body of any person the controlled substance methamphetamine in the presence of the child;
      • the person’s conduct related to the proximity or accessibility of the controlled substance methamphetamine to the child and an analysis of a specimen of the child’s blood, urine, or other bodily substance indicates the presence of methamphetamine in the child’s body; or
      • the person injected, ingested, inhaled, or otherwise introduced a controlled substance listed in Penalty Group 1 of the Health and Safety Code, into the human body when the person was not in lawful possession of the substance.

What does it mean to abandon a child under the Texas penal code?

“Abandon” means to leave a child in any place without providing reasonable and necessary care for the child under circumstances under which no reasonable, similarly situated adult would leave a child of that age and ability.

Punishment for Abandoning or Endangering a Child

Abandoning or endangering a child by a person who has custody, care or control of a child younger than 15 years of age, and intentionally abandoning the child in any place under circumstances that exposes the child to an unreasonable risk of harm, is a State Jail Felony punishable by 6 months to 2 years in state jail and a fine of up to $10,000 if the actor abandoned the child with intent to return the child. However, if the person was without intent to return the child, the offense is a Third-Degree Felony punishable by 2 to 10 years in prison and up to a $10,000 fine. If the person 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, the offense is a Second-Degree Felony punishable by 2 to 20 years in prison and up to a $10,000 fine.

Abandoning or endangering a child by intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engaging in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment is a State Jail Felony punishable by 6 months to 2 years in state jail and a $10,000 fine.

Defenses and Exceptions to Prosecution for Abandoning or Endangering a Child

It is a defense to intentionally, knowingly, recklessly, or with criminal negligence, by act or omission, engaging in conduct that places a child younger than 15 years in imminent danger of death, bodily injury, or physical or mental impairment, that the act or omission enables the child to practice for or participate in an organized athletic event and that appropriate safety equipment and procedures are employed in the event.

It is an exception to this offense that the actor voluntarily delivered the child to a designated emergency infant care provider under the Family Code.

DEADLY CONDUCT

A person can be charged with Deadly Conduct in Texas if the person recklessly engages in conduct that places another in imminent danger of serious bodily injury. A person can also be charged with Deadly Conduct if the person knowingly discharges a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle and is reckless as to whether the habitation, building or vehicle is occupied.

Under Texas law, recklessness and danger are presumed if the person knowingly pointed a firearm at or in the direction of another person whether or not the individual believed the firearm to be loaded.

Punishment for Deadly Conduct

The offense of deadly conduct is a Class A misdemeanor punishable by up to one year in the county jail and up to a $4,000 fine if the person recklessly engaged in conduct that placed another in imminent danger of serious bodily injury. The offense is a Third-Degree felony punishable by 2 to 10 years in prison and up to a $10,000 fine if the person knowingly discharged a firearm at or in the direction of one or more individuals or a habitation, building, or vehicle and was reckless as to whether the habitation, building or vehicle was occupied.

Consent as a defense to Deadly Conduct

The victim’s effective consent or the actor’s reasonable belief that the victim consented to the actor’s conduct is a defense to prosecution for Deadly Conduct if the conduct did not threaten or inflict serious bodily injury, or the victim knew the conduct was a risk of his occupation, recognized medical treatment, or a scientific experiment conducted by recognized methods.

TERRORISTIC THREAT

A person can be charged with Terroristic Threat if the person threatens to commit any offense involving violence to any person or property with intent to:

  • cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies;
  • place any person in fear of imminent serious bodily injury;
  • prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place;
  • cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service;
  • place the public or a substantial group of the public in fear of serious bodily injury; or
  • influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state.

Punishment for the offense of Terrorist Threat

If the person is charged with terroristic threat for threatening to commit any offense involving violence to any person or property with intent to cause a reaction of any type to his threat by an official or volunteer agency organized to deal with emergencies the offense is a Class B misdemeanor punishable by up to 6 months in jail and up to a $2,000 fine.

If the person is charged with terroristic threat for threatening to commit any offense involving violence to any person or property with intent to place any person in fear of imminent serious bodily injury the offense is a Class B misdemeanor punishable by up to 6 months in county jail and up to a $2,000 fine, unless the person committed the offense against a member of the person’s family or household or otherwise constitutes family violence or the offense is committed against a public servant then the offense is a Class A misdemeanor punishable by up to one year in jail and up to a $4,000 fine.

If the person is charged with terroristic threat for threatening to commit any offense involving violence to any person or property with intent to prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance, or other public place the offense is a Class A misdemeanor punishable by up to one year in jail and up to a $4,000 fine, unless the person causes a loss of $1,500.00 or more to the owner of the building, room, place, or conveyance, in which even the offense is a State Jail Felony punishable by 6 months to 2 years in state jail and up to a $10,000 fine.

If the person is charged with terroristic threat for threatening to commit any offense involving violence to any person or property with intent to cause impairment or interruption of public communications, public transportation, public water, gas, or power supply or other public service; place the public or a substantial group of the public in fear of serious bodily injury; or influence the conduct or activities of a branch or agency of the federal government, the state, or a political subdivision of the state, the offense is a Third-Degree felony punishable by 2 to 10 years in prison and up to a $10,000 fine.

AIDING SUICIDE

In Texas, it is against the law if a person aids or attempts to aid another person to commit or attempt to commit suicide with the intent to promote or assist the commission of the suicide.

Punishment for the offense of Aiding Suicide

The punishment for aiding another to commit suicide is a Class C misdemeanor punishable by a fine of up to $500.00. However, if the actor’s conduct causes suicide or attempted suicide that results in serious bodily injury the offense is a State Jail Felony punishable by 6 months to 2 years in state jail and up to a $10,000 fine.

TAMPERING WITH CONSUMER PRODUCT

A person commits the offense of tampering with a consumer product if the person knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. A person also commits the offense of tampering with a consumer product if the person knowingly or intentionally threatens to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.

What is a “consumer product” under Texas law?

A “consumer product” means any product offered for sale to or for consumption by the public and includes food and drugs.

What does it mean to “tamper” with a product under Texas law?

To “tamper” with a product means to alter or add a foreign substance to a consumer product to make it probable that the consumer product will cause serious bodily injury.

What is the punishment for tampering with a consumer product?

Tampering with a consumer product is a Second-Degree Felony punishable by 2 to 20 years in prison and up to a $10,000 fine if the person knowingly or intentionally tampers with a consumer product knowing that the consumer product will be offered for sale to the public or as a gift to another. However, if the person suffers serious bodily injury it becomes is a First-Degree Felony punishable by 5 to 99 years in prison and up to a $10,000 fine.

Tampering with a consumer product is a Third-Degree Felony punishable by 2 to 10 years in prison and up to a $10,000.00 fine if the person knowingly or intentionally threatened to tamper with a consumer product with the intent to cause fear, to affect the sale of the consumer product, or to cause bodily injury to any person.

LEAVING A CHILD IN A VEHICLE

In Texas, a person commits an offense if the person intentionally or knowingly leaves a child in a motor vehicle for longer than 5 minutes, knowing that the child is younger than 7 years of age and not attended by an individual in the vehicle who is 14 years of age or older.

Punishment for Leaving a Child in a Vehicle

Leaving a child alone in a vehicle is a Class C misdemeanor punishable by up to a $500.00 fine.

HARRASMENT BY PERSONS IN CERTAIN CORRECTIONAL FACILITIES; HARRASSMENT OF A PUBLIC SERVANT

A person commits the offense of harassment of persons in certain correctional facilities, or harassment of public servant if the person with the intent to assault, harass, or alarm:

  • while imprisoned or confined in a correctional or detention facility, causes another person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or fees of the peson, any other person, or an animal; or
  • causes another person the actor knows to be a public servant to contact the blood, seminal fluid, vaginal fluid, saliva, urine, or feces of the person, any other person, or an animal while the public servant is lawfully discharging an official duty or in retaliation or on account of an exercise of the public servant’s official power or performance of an official duty.

Punishment for Harassment by Persons in Certain Correctional Facilities, or Harassment of a Public Servant

Harassment by Persons in Certain Correctional Facilities, or Harassment of a Public Servant is a Third-Degree Felony punishable by 2 to 10 years in prison and up to a $10,000 fine.

 


The information contained on this site is for general informational purposes only. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult a Houston criminal defense attorney for advice regarding your own individual situation. We invite you to contact Brittany Carroll Lacayo at 713-504-0506 to schedule a free initial consultation and case evaluation. Use of this website or submission of an online form, does not create an attorney-client relationship

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Phone: 713-504-0506 | Fax: 832-442-5033