AGGRAVATED ASSAULT DEFENSE ATTORNEY IN DALLAS, TEXAS

In 2019, according to the state’s Department of Public Safety (DPS), there were 75,595 cases of aggravated assault in Texas, up almost 2 percent from the year prior. If you’ve been charged with aggravated assault, you may be facing time in prison, stiff fines, and other social ramifications. An assault conviction can affect your family, your job, and your future. 

The Law Office of Thomas R. Cox provides experienced legal guidance in criminal defense matters. Attorney Tom Cox has a proven track record in protecting the rights and freedoms of his clients, whether they’re facing misdemeanor or felony charges. Contact him today for a free consultation.

Tom Cox is proud to serve clients in Dallas, Irving, Mesquite, Highland Park, Grand Prairie, University Park, and Dallas County, Texas.

SIMPLE ASSAULT DEFINED
UNDER TEXAS LAW 

According to Texas Penal Code 22.01, an assault (also known as a simple assault) occurs when someone “intentionally, knowingly, or recklessly causes bodily injury to another.” Simple assault can also be charged when someone threatens another person with imminent bodily harm without actually inflicting any, or has physical contact with another person and does so in a provocative or offensive way. 

Assault is generally a misdemeanor under Texas code, which classifies the crime in three ways: 

• Class A Misdemeanor: causing minor injuries such as pain, a cut or bruise, or involves an elderly or disabled victim whether or not any bodily harm occurred. Up to one year in jail and a fine of $4,000.

• Class B Misdemeanor: threatening someone you know to be an athlete or sports official during a sporting event, or doing so later in retaliation for their performance. Up to 180 days in prison and a $2,000 fine.

• Class C Misdemeanor: threatening or being offensive without causing bodily harm. Fines of up to $500. 

Simple assault charges can rise to the level of a felony if the victim is a public servant, but this does not elevate the charge to aggravated assault. 

WHAT DIFFERENTIATES
AGGRAVATED ASSAULT? 

There are two main distinguishing — or aggravating — factors elevating simple assault to aggravated assault. 

First, the bodily harm must be “serious,” which does not necessarily mean permanent but can include broken bones, disfigurement/scarring, loss of senses, impairment or loss of a bodily function, or permanent disability. The Texas Penal Code defines aggravated assault as “intentionally, knowingly, or recklessly causing serious bodily injury to another person.” (Recklessly means without regard for the consequences.) 

Second, the accused has to use or exhibit — “flash” — a deadly weapon during the assault, or wield one while threatening an assault. Deadly weapons naturally include knives and firearms, but even bricks or rocks picked up at the scene can be so categorized. The Penal Code defines this as “using or exhibiting a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.” 

The Texas Penal Code recognizes two levels of aggravated assault: 

• First-Degree Felony: domestic violence in which a deadly weapon caused serious bodily injury. Five years to life in prison.

• Second-Degree Felony: causes serious injuries (with or without a weapon) or threatens someone with a deadly weapon. Two to 20 years in prison. 

One other aspect to note here: A victim may ask to drop charges, but the District Attorney has sole power over the charging process and can continue the case even without the victim’s consent. 

THE NEED FOR
EXPERIENCED LEGAL COUNSEL 

Anyone facing aggravated assault charges in Texas is in a fairly precarious legal position and in need of the best possible criminal defense representation. If you are convicted of aggravated assault, you’ll be facing more than fines and prison time. The consequences can last a lifetime. Since aggravated assault is a felony, you will lose the right to own and bear firearms. You may also face diminished employment and housing opportunities. 

The Law Office of Thomas R. Cox seeks to understand each client’s unique situation. They recognize that people are often victims of their circumstances and can find themselves in unfortunate situations, and out of what they deem to be a necessity, they sometimes take actions they wouldn’t otherwise take. 

Attorney Tom Cox can explain the circumstances of the offense to the DA’s office in a way that improves the prosecutor’s understanding of the client’s situation and maximizes their chances of getting the case dismissed or the charges reduced.