Fort Worth Assault by Contact Lawyer
What is assault by contact?
Assault by contact occurs when an individual intentionally or knowingly causes physical contact with another person when he or she knows or should reasonably believe that the other person will regard the contact as offensive or provocative. Shoving someone, poking them in the chest or spitting on them are common examples of assault by contact.
Assault by contact sits at the bottom of the assault ladder. At the top — where a weapon or serious injury is alleged — the same incident can be charged as aggravated assault in Fort Worth, a felony with prison exposure.
It’s important to point out that there is no requirement for bodily injury to occur in order to be charged with assault by contact. Bodily injury is defined broadly as physical pain, illness, or impairment. For example, if you spit on person during an argument, you could be charged with assault by contact even though no injury occurred since you should have known that spitting on someone is offensive and provocative contact.
Assault by contact charges sometimes arise from sporting events when spectators get into it with a referee, athlete or coach. If you or a loved one have been ticketed for Fort Worth assault by contact, it’s important to contact an experienced defense attorney to resolve the case in a manner that will not adversely impact your future.
What is required to prove assault by contact?
In order to make a case against you for assault by contact, a prosecutor must prove beyond a reasonable doubt that the act was done intentionally or knowingly to provoke or offend the victim. “Intentionally” means that the perpetrator desired a certain result and acted in a manner to achieve that result. “Knowingly” means that a perpetrator acted in such a way where he or she should have known his actions were reasonably certain to bring about a certain result. In other words, without proof of intention to offend a victim, a prosecutor cannot win an assault conviction. Accidental offensive acts, such bumping into someone, do not rise to criminal conduct.
How is assault by contact punished in Fort Worth?
Generally, assault by contact is a Class C Misdemeanor in Texas, which is a ticket punishable by a maximum $500 fine. However, the punishment can be elevated if:
- the victim is elderly is disabled person; or
- the actor knows the victim is an athlete or sports official participating in a sporting event at the time of the assault; or
- the actor assaults the athlete or sports official during his or her performance in an athletic event
| Misdemeanor Assault by Contact | Penalty | Possible Jail Time | Maximum Fine |
|---|---|---|---|
| Assault by Threat (verbal threat, no bodily injury) | Class C Misdemeanor | None | $500 |
| Assault by Contact (physical contact, no bodily injury) | Class C Misdemeanor | None | $500 |
| Assault by Contact against disabled/elderly person | Class A Misdemeanor | Max 1 year | $4,000 |
| Assault by Contact against sports participant | Class B Misdemeanor | Max 180 days | $2,000 fine |
What are possible defenses for a Fort Worth assault by contact case?
There are several defenses we can potentially raise for a Fort Worth assault by contact case. As mentioned before, we can possibly attack the elements of the charge, arguing that the defendant had no intent to provoke or offend the victim. If a prosecutor cannot prove this element of the offense, they cannot win an assault by contact conviction.
We could also potentially argue that you were acting in self-defense. Texas recognizes your right to defend yourself and others when faced with credible harm or violence, assuming you did not provoke the initial threat of violence. Any response to violence must be proportionate, meaning that if a person shoved you, you may not respond by breaking their nose. You may only use the minimum force required to protect yourself and others.
Our experienced Fort Worth criminal defense lawyers will review the facts and circumstances of your case and develop an appropriate and effective defense strategy to produce the most favorable outcome.
Actual Case Results · Varghese Summersett
Varghese Summersett Case Results in Assault by Contact Cases
The smallest assault Texas charges still carries a family violence finding, which is why this one was worth fighting. Every case below is a real matter our attorneys handled and resolved for an actual client of this firm. These are Varghese Summersett’s own results, not hypotheticals, not industry examples, and not another firm’s work. Identifying client details have been removed.
Class C Family Violence Assault Dismissed Outright
- Charge
- Assault by offensive or provocative contact, family violence, Tex. Penal Code 22.01(a)(3)
- Charge level
- Class C misdemeanor
- What our client faced
- A fine up to $500 and a permanent family violence finding on his record
- Venue
- Municipal court
- Handled by
- Varghese Summersett
Offensive or provocative contact under Section 22.01(a)(3) carries no jail and a fine capped at $500, and people assume that makes it harmless. It is not. A family violence finding attached to it follows a person into housing applications, employment screening, and firearm rights. Our client was the one who called 911 during an argument at home. On a recorded statement the complaining witness admitted she had slapped and pushed him. His brother, in the next room, told officers he heard her strike him three times while our client calmly asked for his keys back. Officers documented scratch marks and redness on his chest. She told them more than once that she did not want charges filed, and she declined both the family violence packet and an emergency protective order. He was arrested anyway, on her report that he had pushed a bedroom door into her leg and left a mark she described as offensive rather than painful. Other officers reviewing the same facts said the door contact may not have been intentional at all, and intent was precisely what the State had to prove.
Result Varghese Summersett obtained: the family violence assault charge was dismissed outright in municipal court. No conviction, no fine.
An accusation is not a conviction. Past results do not guarantee future outcomes, and every case depends on its own facts.
Shouldn’t I just pay the ticket and quickly put it behind me?
No, that is actually the worst thing you can do. If you just pay the ticket, it will result in criminal conviction on your record – for assault. This could adversely impact your future when you apply for a job, housing or a loan.
Our goal for Fort Worth assault by contact cases is to resolve them in a manner that will not result in a conviction and will make you eligible for an expunction, which would erase the record of your arrest. Call today for a free consultation with a member of our team and let us work to put this incident behind you.