Tag Archives: assault

Mutual Combat And Assault in Texas

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The word “assault” can describe a wide range of scenarios. No two criminal cases are exactly alike, and this may be particularly relevant in cases involving assault allegations. Among the potential defenses against assault charges is that of consent. Under limited circumstances, you may be able to claim that a fight you engaged in was not an illegal assault because both parties consented to the action. Texas is one of the few jurisdictions in the country where mutual combat may be allowed outside of sanctioned combat sports.

What Constitutes Consent?

A written, signed and notarized agreement is ideal, but it isn’t necessary. The consent must be “effective,” meaning you must reasonably believe that the other person consented. This could be as simple as observable conduct indicating that you both wanted to fight. It can be entirely nonverbal. Of course, it does take more than both of you actively participating in the fight to prove there was consent. Someone defending themselves in a fight they didn’t want to be in has not “consented” to the fight.

Consent Alone Is Not Enough

Proving that the other person consented is not the end of the matter. Perhaps the biggest risk of relying on consent is how easily you can lose with that defense. To claim consent, the assault cannot threaten or inflict serious bodily injury. Serious bodily injury means anything that “creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.“

In practice that means the defense is usually only applicable in fist fights. Any use of a weapon of any kind will negate the defense. It also means that the damage done in the fight has to be minimal. A broken bone can mean impairment of the function of a bodily member, which negates the defense.

The mutual combat defense is also invalid if the assault was part of a gang initiation or was done as a condition of being a gang member.

A Serious Charge Calls for a Serious Defense

Assault can lead to misdemeanor or felony charges, depending on a number of factors. Many assault cases involve alcohol which can confuse the situation further, raising questions about an issue as delicate as consent. The right defense strategy requires careful analysis. You need an experienced, dedicated Texas criminal defense attorney to help you protect yourself.

Call Lee & Wood Today if You Are Facing Assault Charges

You can’t afford to leave your assault defense to chance. Whether you believe your assault case involves mutual consent or not, you need a strong defense team to mount a strong defense. Call the skilled criminal defense lawyers of Lee & Wood at 817-678-6771 to discuss your situation today.

What Constitutes Assault in Texas?

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Assault is a very serious crime. But the specifics of assault in the state of Texas can be complicated. Here’s a quick glance at the basics of assault in Texas.

Bodily Harm

If a person injures someone on purpose or because they’re being reckless, it’s considered assault, and it’s a Class A misdemeanor. However, it can also be a third-degree felony due to a variety of circumstances.

For example, a Class A misdemeanor can become a third-degree felony if the:

  • Person being assaulted is an on-duty security officer.
  • Victim is pregnant during the assault.
  • Assailant tries to block the victim from breathing by strangling the throat or blocking the nose and mouth.

Additionally, the crime can become a second-degree felony if the assaulter:

  • Knows their victim is a judge or security officer when they attack them.
  • Has been convicted of this crime previously.
  • And more.

Threatening Bodily Harm and Offensive Contact

People often assume that assault only happens when somebody physically harms another person. Sticks and stones, right? We have freedom of speech, don’t we? Anyone who believes these ideas is terribly mistaken.

Words do carry weight and people aren’t allowed to say anything they want without repercussions. If an individual threatens to cause bodily harm to another person, they could be facing Class C misdemeanor charges.

In addition to verbal threats of violence, the definition of “assault” can also include non-violent physical contact. For example, it’s considered a Class C misdemeanor assault if someone touches another individual and knows that the person will find it offensive or provocative.

Whether it’s threats of violence or unwanted contact, the charge can be increased to a Class A misdemeanor if the victim is elderly or disabled or if the verbal threat is an effort to force an individual to get an abortion.

It can become a Class B misdemeanor if the perpetrator is not a sports participant and they’re committing it against a sports participant during a game/event or in retaliation for something the person did during a sporting competition.

Possible Punishments for Assault

According to the Texas Penal Code, here are the penalties people can face if convicted of assault:

  • Class A misdemeanors can be punishable by a fine of up to $4,000 or a jail term of up to 365 days or both.
  • Class B misdemeanors can be punishable by up to 180 days in jail and a fine of up to $2,000.
  • Class C misdemeanors can be punishable by a fine of up to $500.
  • Second-degree felonies can be punishable by a 2-20 year prison sentence and a fine of up to $10,000.
  • Third-degree felonies can be punishable by a prison sentence of 2-10 years and a fine of up to $10,000.

Defending Those Facing Assault Charges in the Fort Worth Area

Have you been accused of assault? The experienced attorneys of Lee & Wood are ready to help protect your rights. To get your free, confidential consultation, call our law firm today at 817-678-6771 or simply send us a message online.

What Is Misdemeanor Assault in Texas?

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Misdemeanor assault is one of the most commonly charged crimes in Texas. A whole range of behavior can fall into this broad category, from punching someone in a bar fight to threatening someone without actually touching them. In this article, the Fort Worth criminal defense attorneys of Lee & Wood explain the different types of misdemeanor assault and the possible penalties. 

Four Categories of Misdemeanor Assault

Section 22.01(a) of the Texas Penal Code outlines the conduct that could lead to misdemeanor assault charges.

1. Assault Bodily Injury

You can be accused of assault bodily injury (ABI) if you intentionally, knowingly or recklessly cause bodily injury to someone else. Texas defines bodily injury as physical pain, illness or physical impairment. The alleged victim does not have to experience severe pain; any amount of pain is enough. 

ABI is a Class A misdemeanor. If convicted you could face up to one year in jail and up to $4,000 in fines.

2. Assault Bodily Injury Against a Family Member

Assault bodily injury against a family member (ABI-FM) is the same as regular ABI, except the alleged victim is a member of your family or household. You can be charged with ABI-FM if the alleged victim is a:

  • Spouse or ex-spouse
  • Boyfriend/girlfriend or ex-boyfriend/ex-girlfriend
  • Parent
  • Sibling
  • Any other person related to you by blood, marriage, or adoption
  • Roommate 

ABI-FM is a Class A misdemeanor punishable by up to one year in jail and fines of up to $4,000. However, ABI-FM can rise to a felony if you have a prior domestic violence conviction or if the alleged assault involved choking a family member or the use of a weapon.

3. Assault by Contact

You could be charged with assault by contact if you allegedly created contact with someone else, intentionally or knowingly, that is reasonably offensive or provocative. There is no bodily injury requirement, meaning you can be charged with assault by contact for actions such as spitting on someone or poking them in the chest. The victim doesn’t need to be hurt. 

Assault by contact is a Class C misdemeanor punishable by fines of up to $500. There is no jail time.

4. Assault by Threat

Assault by threat is defined as intentionally or knowingly threatening someone with imminent bodily injury either verbally or nonverbally. The key word is “imminent.” You likely cannot be convicted of this crime for saying something like “I’m going to kill you one of these days.” But, you could possibly be convicted if you said “I’m going to kill you,” while walking menacingly toward the person.

Assault by threat is a Class C misdemeanor punishable by a fine of up to $500. No jail time is possible. However, if you threaten someone while holding a weapon, you could be facing a second degree felony charge, which is extremely serious and could lead to up to 20 years in prison.

Get a Free Consultation With a Texas Assault Defense Lawyer

The attorneys of Lee & Wood have decades of experience defending people against misdemeanor assault charges in Fort Worth, Weatherford, Granbury and all surrounding areas. We will analyze your case and do everything we can to protect your rights. Call 817-678-6771 or email us today. We offer free initial consultations.

Texas Assault Charges: When Does an Assault Become a Hate Crime?

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People get into fights. It happens every day. Most of the time those involved walk away from it and that’s the end. Sometimes one or both parties are charged with assault (misdemeanor or felony) or aggravated assault. 

Much less often, but much more serious, an assault charge can be accompanied by a charge of committing a hate crime. How does an assault become a hate crime? And what does that mean in terms of prosecution and punishment?

Texas Assault Law

The Texas Penal Code defines the crime of assault as:

  1. Intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse,
  2. Intentionally or knowingly threatening another with imminent bodily injury, including the person’s spouse, or
  3. Intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard that contact as offensive or provocative.

A charge of aggravated assault may be brought if serious injuries resulted from an assault or if a weapon was used. (Many things can be defined as a weapon.) 

Texas Hate Crime Law

The James Byrd Jr. Hate Crimes Act defines a hate crime as any crime motivated by “prejudice, hatred or advocacy of violence.” Hate crime charges can be added to criminal charges of arson, criminal mischief, graffiti, or (more often) crimes against a person. 

Hate crime charges may be brought if the crime was committed against the victim because of their:

  • Race, color, national origin 
  • Sexual orientation 
  • Religion
  • Disability
  • Age
  • Gender
  • Gender identity 
  • Work as a judge or law enforcement officer

In high-profile cases, the FBI may investigate and federal criminal charges may be filed. 

Prosecuting a Crime as a Hate Crime

In order to be convicted of a hate crime, the prosecutor must convince a jury that the underlying crime occurred, and that it was motivated by prejudice or hate. 

“Hate speech” is not a crime, but statements of hate can be used as evidence of the motivation of the accused person. Often the prosecutor will present something the accused said to the victim. That speech was used as evidence in the 2019 case of a Dallas man who shot a transgender woman while shouting slurs at her. He was convicted of a hate crime. 

But a homophobic slur spoken before an assault on two gay men in Austin was not enough to support a hate crime charge. In that case, a plea deal resulted in misdemeanor assault charges.

What else might prosecutors use as evidence of motive for a hate crime?

  • Things the accused has written on social media, online, as graffiti, or tattoos they are wearing
  • The location of the incident (for example, a synagogue or mosque for a religiously motivated crime, or in the case of an Atlanta killer, at Asian-owned nail salons)
  • Possession of literature or membership in a group that espouses hatred toward a certain group of people 

Punishment for Hate Crimes

A conviction for a hate crime enhances the punishment applied to the original offense. It “bumps it up” one level. So, if a person was found guilty of a Class C misdemeanor, they would face punishments for a Class B misdemeanor. A Class A misdemeanor will not be sentenced as a felony but the amount of jail time could be increased to 180 days. 

The same applies to felony charges. The punishment is increased, except for a conviction of a 1st degree felony, which already has the potential for life in prison. 

If you could be facing criminal charges for a Texas hate crime, call the Fort Worth criminal defense lawyers at Lee and Wood. We have extensive experience defending people against misdemeanor and felony assault charges. Call our law office at 817-678-6771 or contact us online. 

Juvenile Criminal Charges Follow TikTok Challenge

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Social media is no friend of teens. All across the country teenagers have been arrested and face juvenile criminal charges for participating in TikTok challenges. These young offenders got caught up in the social media rush for “clicks” and “likes” and found themselves in big trouble with their schools and the law.

Property Damage

  • A Florida teen was charged with criminal mischief and theft after participating in a TikTok challenge called devious licks (a “lick” is a successful theft). The 15-year-old stole and destroyed school property in order to film himself for the online challenge.
  • In Pennsylvania, three teens face criminal mischief charges for destroying school property.
  • In Virginia, one teen faces criminal charges and six students face school punishment for leaving school grounds to damage to public property at a nearby park.

In Texas, criminal mischief is charged for acts of vandalism and the destruction of someone else’s property. This can include graffiti, breaking the window of a car, scratching or keying a car, or breaking a door or window at a place of business or a home, for example.

A young person will be charged with criminal mischief for “pranks” in school, like plugging a school toilet or sink so it overflows, tearing soap dispensers off a wall, breaking a toilet, spray painting or writing on lockers or walls or a school bus.

The term “mischief” sounds like this isn’t a serious crime but depending on the amount of the damages and property losses, criminal mischief can be charged as a Class A, B or C misdemeanor. It could be charged as a felony if the damage to property was more than $1,500 or involved the use of a firearm or explosives.

Assault

An even more problematic TikTok challenge sweeping the nation involves “slapping a teacher.”

  • An 18-year-old Louisiana teen faces up to five years in lockup for felony battery for attacking her 64-year-old teacher. She can be charged as an adult.
  • A South Carolina teacher was hit in the back of the head by an elementary school student who was expelled, but no criminal charges were filed in that case.
  • Two 7th graders in North Carolina slapped a substitute teacher and the school district said it planned to petition the court for assault charges against the students.

These criminal shenanigans follow on the heels of last year’s TikTok “skull breaker” challenge that saw teenagers tricking their friends into falling.

  • A New Jersey student suffered a closed head injury and concussion with seizures after two 13-year-olds caused him to fall. The youngsters were arrested and charged with 3rd degree aggravated assault and 3rd degree endangering an injured victim.

Who is Responsible for TikTok Assaults? Not TikTok.

TikTok says that it doesn’t enable activities that violate the law. “We prohibit the trade, sale, promotion, and use of certain regulated goods, as well as the depiction, promotion, or facilitation of criminal activities, including human exploitation,” TikTok wrote on its website.

TikTok hasn’t been held liable for the costly and damaging effects of these teen challenges. It’s the teenagers who are being held accountable.

If you or your son or daughter is facing charges in juvenile court or adult criminal court for criminal mischief, property damage, or assault, call the criminal defense attorneys at Lee and Wood, LP: 817-678-6771 or contact us online.