Assault in Texas basically falls under three different categories: Simple Assault, Assault Bodily Injury and Assault on a Family Member or Assault - Family Violence. Simple assault is essentially assault without "pain". Officers will usually ask the parties involved if anyone felt pain. If neither party says yes, officers will just issue a citation to one or the other and that person will just have to pay a fine. If however, one says that they did feel pain then that's another case altogether.
Assault Bodily Injury
Assault is a Class A Misdemeanor. It carries a maximum punishment of up to a year in jail and up to a $4,000 fine. It is a crime of violence and a conviction therefore could effect a person's ability to get certain jobs particularly those dealing with children or the elderly. It can become a Felony based on certain factors.
If serious bodily injury was visited upon the alleged victim or a deadly weapon was used then it is a Felony of the 2nd Degree. The Accused would be facing 2 to 20 years in prison and up to a $10,000 fine.
It is a Felony of the 3rd Degree if the victim was a public servant, for example a police officer or EMT. The maximum punishment range would be 2 to 10 years in prison and up to a $10,000 fine.
If a 2nd Degree Felony Assault is committed against a public servant, a witness in a case, a confidential informant or a family member then it is enhanced to a 1st Degree Felony. That's 5 to 99 years in prison and up to a $10,000 fine. This includes cases commonly referred to as "drive by shootings."
A Felony conviction could be used to enhance a person to a higher punishment range in the future. It would prohibit a person from owning firearm. If a convicted felon is caught any where near a firearm, that is a 3rd Degree Felony. It would effect one's right to vote or serve on a jury. It would make it difficult to find employment or a place to live as some apartment complexes will not rent to convicted felons.
Assault on a Family Member
Get it out of your head that just because the victim wants to "drop the charges" the District Attorney's Office is simply going to dismiss the case. That's not going to happen. These are the only types of cases that exist that have an entire division specifically dedicated to prosecuting them when the victim doesn't want to cooperate. It's called the FCLD division...Family Criminal Law Division.
Domestic violence does not just have to be against a spouse. It could be anyone with which a person has a romantic, domestic or consanguineal relationship. Furthermore, the statute has been amended to include the new romantic relationship the former love interest is now involved with. In other words, if you beat up your ex-girlfriend's new boyfriend, it is considered a "family violence" case. It is also a Class A Misdemeanor, however, it comes with an Affirmative Finding of Family Violence. This finding has a number of consequences.
To begin with, such a finding means that if the Accused is ever arrested again for the same charge, (it does not have to be against the same person and it could could be 10 years in the future), he will be facing a 3rd Degree Felony with up to 10 years in prison and up o a $10,000 fine. It will also be classified as a 3rd Degree if the alleged victim was choked and their ability to breathe was impeded, it does not matter if it is a first offense. If the person sustains serious bodily injury then it will be aggravated to a 1st Degree Felony with a maximum punishment range of 5 to 99 years in prison.
An affirmative finding also means that the case can never be expunged or sealed...even if the Accused successfully completes a term of Deferred Adjudication.
A conviction would prohibit an individual from being granted a Concealed Handgun License. It would also restrict one's ability to purchase a firearm under Federal law. If perpetrated against a female, it is considered not only an act of violence but also a crime of moral turpitude. Therefore, if the Accused is not a citizen of the United States, it could result in his deportation, denial of naturalization and exclusion from the country. If that person comes back to the U.S. during the term of an exclusion, that is a Federal offense known as Illegal Re-entry.
Assault on a Family Member by Choking
A Family Violence case can go from a Misdemeanor to a Felony in the blink of an eye. If the victim is strangled and is unable to breathe, even for just a few seconds, the case becomes a 3rd Degree Felony with a punishment range of 2 to 10 years in prison. An Affirmative Finding of Family Violence would also apply.
Aggravated Assault with a Deadly Weapon
If a firearm is used during an assault it is classified as a 2nd Degree Felony. The punishment range is 2 to 20 years in prison. Obviously a gun or a knife is a deadly weapon but literally almost anything can qualify as a weapon: a bottle, a chair, a car. Furthermore, if the victim suffers Serious Bodily Injury or is a Public Servant (police officer) the case is enhanced to a 1st Degree Felony which means the Accused would be facing 5 to 99 years in prison.
Violation of a Protective Order
Often times, whether the complaining witness asks for it or not, the State will request a Magistrate's Order of Emergency Protection. What that does is it restricts the contact the accused can have with the complaining witness for 61 days. Sometimes as a condition of bond or a condition of probation the court will also impose a "No Contact" Order, (''NCO), which will prohibit ALL contact with the complaining witness. No one can grant the accused the right to violate that order, not even the complaining witness. Only if the court withdraws that order may the accused and the complaining witness have contact. If the order is violated, that is a Class A Misdemeanor. However, if the accused has had two prior convictions or violated the order by committing an assault, it is a Felony of the 3rd Degree.
Interference with a 911 Call
If an assault is a occurring and the complaining witness is attempting to call the police and the accused yanks the phone out of their hand or destroys the phone, they can be charged with a Class A Misdemeanor. If they have a prior conviction for the same thing, it would be a State Jail Felony, that's 6 months to 2 years in a State Jail Facility.
Failure to Stop & Render Aid
This is not a typical assault case but rather a "vehicular crime." Nonetheless, it does involve physical injury to another driver or pedestrian. If the injury is of such a nature that a reasonable person could determine that the victim needs immediate medical attention but decides to leave the scene anyway without calling for help, the driver who left the scene will be facing a Felony charge. This is a hybrid Felony in that the Accused could get up to a year in the county jail or up to 5 years in prison if found guilty.
Assault Bodily Injury
Assault is a Class A Misdemeanor. It carries a maximum punishment of up to a year in jail and up to a $4,000 fine. It is a crime of violence and a conviction therefore could effect a person's ability to get certain jobs particularly those dealing with children or the elderly. It can become a Felony based on certain factors.
If serious bodily injury was visited upon the alleged victim or a deadly weapon was used then it is a Felony of the 2nd Degree. The Accused would be facing 2 to 20 years in prison and up to a $10,000 fine.
It is a Felony of the 3rd Degree if the victim was a public servant, for example a police officer or EMT. The maximum punishment range would be 2 to 10 years in prison and up to a $10,000 fine.
If a 2nd Degree Felony Assault is committed against a public servant, a witness in a case, a confidential informant or a family member then it is enhanced to a 1st Degree Felony. That's 5 to 99 years in prison and up to a $10,000 fine. This includes cases commonly referred to as "drive by shootings."
A Felony conviction could be used to enhance a person to a higher punishment range in the future. It would prohibit a person from owning firearm. If a convicted felon is caught any where near a firearm, that is a 3rd Degree Felony. It would effect one's right to vote or serve on a jury. It would make it difficult to find employment or a place to live as some apartment complexes will not rent to convicted felons.
Assault on a Family Member
Get it out of your head that just because the victim wants to "drop the charges" the District Attorney's Office is simply going to dismiss the case. That's not going to happen. These are the only types of cases that exist that have an entire division specifically dedicated to prosecuting them when the victim doesn't want to cooperate. It's called the FCLD division...Family Criminal Law Division.
Domestic violence does not just have to be against a spouse. It could be anyone with which a person has a romantic, domestic or consanguineal relationship. Furthermore, the statute has been amended to include the new romantic relationship the former love interest is now involved with. In other words, if you beat up your ex-girlfriend's new boyfriend, it is considered a "family violence" case. It is also a Class A Misdemeanor, however, it comes with an Affirmative Finding of Family Violence. This finding has a number of consequences.
To begin with, such a finding means that if the Accused is ever arrested again for the same charge, (it does not have to be against the same person and it could could be 10 years in the future), he will be facing a 3rd Degree Felony with up to 10 years in prison and up o a $10,000 fine. It will also be classified as a 3rd Degree if the alleged victim was choked and their ability to breathe was impeded, it does not matter if it is a first offense. If the person sustains serious bodily injury then it will be aggravated to a 1st Degree Felony with a maximum punishment range of 5 to 99 years in prison.
An affirmative finding also means that the case can never be expunged or sealed...even if the Accused successfully completes a term of Deferred Adjudication.
A conviction would prohibit an individual from being granted a Concealed Handgun License. It would also restrict one's ability to purchase a firearm under Federal law. If perpetrated against a female, it is considered not only an act of violence but also a crime of moral turpitude. Therefore, if the Accused is not a citizen of the United States, it could result in his deportation, denial of naturalization and exclusion from the country. If that person comes back to the U.S. during the term of an exclusion, that is a Federal offense known as Illegal Re-entry.
Assault on a Family Member by Choking
A Family Violence case can go from a Misdemeanor to a Felony in the blink of an eye. If the victim is strangled and is unable to breathe, even for just a few seconds, the case becomes a 3rd Degree Felony with a punishment range of 2 to 10 years in prison. An Affirmative Finding of Family Violence would also apply.
Aggravated Assault with a Deadly Weapon
If a firearm is used during an assault it is classified as a 2nd Degree Felony. The punishment range is 2 to 20 years in prison. Obviously a gun or a knife is a deadly weapon but literally almost anything can qualify as a weapon: a bottle, a chair, a car. Furthermore, if the victim suffers Serious Bodily Injury or is a Public Servant (police officer) the case is enhanced to a 1st Degree Felony which means the Accused would be facing 5 to 99 years in prison.
Violation of a Protective Order
Often times, whether the complaining witness asks for it or not, the State will request a Magistrate's Order of Emergency Protection. What that does is it restricts the contact the accused can have with the complaining witness for 61 days. Sometimes as a condition of bond or a condition of probation the court will also impose a "No Contact" Order, (''NCO), which will prohibit ALL contact with the complaining witness. No one can grant the accused the right to violate that order, not even the complaining witness. Only if the court withdraws that order may the accused and the complaining witness have contact. If the order is violated, that is a Class A Misdemeanor. However, if the accused has had two prior convictions or violated the order by committing an assault, it is a Felony of the 3rd Degree.
Interference with a 911 Call
If an assault is a occurring and the complaining witness is attempting to call the police and the accused yanks the phone out of their hand or destroys the phone, they can be charged with a Class A Misdemeanor. If they have a prior conviction for the same thing, it would be a State Jail Felony, that's 6 months to 2 years in a State Jail Facility.
Failure to Stop & Render Aid
This is not a typical assault case but rather a "vehicular crime." Nonetheless, it does involve physical injury to another driver or pedestrian. If the injury is of such a nature that a reasonable person could determine that the victim needs immediate medical attention but decides to leave the scene anyway without calling for help, the driver who left the scene will be facing a Felony charge. This is a hybrid Felony in that the Accused could get up to a year in the county jail or up to 5 years in prison if found guilty.