Being charged with assault in San Antonio is not to be taken lightly. Texas is known for its strict stance on violent crimes, and assault is no exception. Even a seemingly minor altercation can have far-reaching consequences that extend beyond the immediate future.

This blog post explains what you need to know about assault charges in San Antonio—from the penalties you can face to the possible defenses. We aim to give you a good idea of how serious an assault charge can be and how a skilled criminal defense lawyer in San Antonio can help resolve this challenging situation with the best possible outcome.

Is an Assault Charge Serious in San Antonio?

The law takes assault charges very seriously in San Antonio. Texas generally has strict policies toward violent offenses, and the penalties reflect that approach. An assault charge can move from minor to severe quickly, with consequences that affect your record and ripple into the personal and professional areas of your life.

An assault charge in San Antonio does not just stay on paper. It can follow you around for years, affecting your current employment, future job opportunities, ability to secure housing, and even your personal relationships. With the stakes so high, it is essential that you understand your rights and how to mitigate the consequences.

Defining Assault Under Texas Law

Under Texas law, the term “assault” encompasses a broad range of actions beyond just physical harm. According to Texas Penal Code § 22.01, a person commits assault if they:

Intentionally, knowingly, or recklessly cause bodily injury to another person.
Intentionally or knowingly threaten another with imminent bodily injury.
Intentionally or knowingly make physical contact with another when they know or should reasonably believe the other will find it provocative or offensive.

This means that even threatening someone or engaging in unwanted physical contact can lead to an assault charge.

Simple vs. Aggravated Assault

Texas differentiates between “simple” assault and “aggravated” assault. Simple assault can involve minor injuries or verbal threats, while aggravated assault involves serious bodily harm or the use of a deadly weapon.

For example, imagine a heated argument where one person pushes another without causing harm—this might be considered simple assault. But if the person uses a weapon or causes significant bodily injury, it could be charged as aggravated assault.

Understanding these definitions is crucial for anyone facing an assault charge since they determine the severity of the charge and the possible penalties.

The Penalties For An Assault Conviction in San Antonio

As mentioned above, assault charges in Texas vary in severity, ranging from misdemeanors to felonies, depending on the specifics of the incident. Here is a breakdown of the different levels of assault charges:

Class C Misdemeanor: A simple assault involving no bodily injury. This is the lowest level assault charge and usually results in a fine of up to $500, with no jail time.
Class A Misdemeanor: If a simple assault causes some bodily injury, it may be elevated to a Class A misdemeanor, with a maximum of one year in jail and a fine of up to $4,000.
Third-Degree Felony: Assault involving a family member, public servant, or emergency personnel or that involves other aggravating factors can lead to third-degree felony charges, with 2 to 10 years in prison and fines of up to $10,000.
Second-Degree Felony: When the assault involves severe bodily injury or use of a deadly weapon, it may be charged as a second-degree felony, with penalties of 2 to 20 years in prison.
First-Degree Felony: This is the most severe level of assault, often reserved for cases resulting in extreme bodily harm or particularly dangerous circumstances. Potential sentences include 5 to 99 years in prison and substantial fines.

This range of penalties shows that even a relatively minor confrontation can lead to severe consequences. Knowing what you are up against can help you make informed decisions about your defense.

Aggravating Factors That Can Increase the Penalties for an Assault

Some factors involved in the assault can raise the severity of an assault charge and lead to harsher penalties. Under Texas law, these aggravating factors include:

Use of a Weapon: Using a weapon can escalate a simple assault to aggravated assault, even if it does not cause injury.
The Victim’s Status: Assaulting certain protected individuals, such as a public servant, family member, or police officer, automatically increases the seriousness of the charge.
Prior Convictions: Repeat offenders often face more severe consequences, even for minor offenses. For instance, an individual with prior assault convictions who commits a similar offense may face an upgraded charge and harsher penalties.

The Collateral Consequences of an Assault Conviction

The impact of an assault conviction can go beyond the fines and jail time, affecting numerous aspects of your life, including:

Employment: Many employers hesitate to hire someone with a violent offense on their record.
Housing: A conviction can limit your housing options, as landlords may avoid renting to an individual with a criminal record.
Gun Rights: In Texas, a conviction for certain violent crimes can restrict your right to own or carry a firearm, sometimes permanently.
Your Military Record: Service members are expected to uphold high standards, so facing an assault charge could lead to disciplinary actions within the military. If convicted, this charge may affect your security clearance, block potential promotions, and sometimes even result in an early discharge.

Common Defenses to an Assault Charge in Texas

Each assault case is unique, and a solid defense to an assault charge must consider the unique details of the case and the laws involved. Common defenses to an assault charge in Texas include:

Self-Defense: Texas law allows you to argue self-defense if you acted to protect yourself from immediate harm.
Lack of Intent: An assault requires intent; accidental actions without intent to harm may be a valid defense to an assault charge.
Defense of Others: Acting to protect someone else from harm can also serve as an effective defense if the threat was imminent.

An experienced assault defense lawyer in San Antonio can evaluate these defenses and build a strategy tailored to the unique circumstances of your case. Good people sometimes find themselves in unfortunate situations. If you are facing an assault charge in San Antonio, do not try to navigate the ensuing legal process alone. Hire the assistance of a reputable assault defense lawyer in San Antonio who can craft a defense that protects your future. Schedule a free consultation today.