Dallas assault by contact lawyer | class c assault [2023]

Dallas Assault by Contact Lawyer Serving Dallas and Surrounding Areas

When tempers flare, it’s not uncommon for people to “get into each other’s face.” But at what point does an altercation cross the line into a crime?

In Texas, shoving someone, poking them in the chest, or spitting on them is an offense. It’s called “assault by contact” and, if not handled correctly, it can result in a criminal conviction on your record. That’s why it’s important to contact a Dallas assault by contact lawyer as soon as possible if you have been accused of this Class C assault.

In this article, we will explain the crime, the punishment, possible defenses, and why you should never plead guilty and just pay the fine.

What is assault by contact in Texas?

Under Texas Penal Code §22.01, a person commits assault by contact if he or she “intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other person will regard the contact as offensive or provocative.”

It’s important to note that there is no injury requirement for a person to be charged with assault by contact. In other words, the alleged victim doesn’t have to be injured or even felt pain at all. We often see this offense stem from sporting events, neighborhood disputes, domestic altercations, or bar fights.

What are some examples of assault by contact in Dallas?

Some examples of assault by contact could include:

• A woman spitting in the face of her spouse after receiving divorce papers.
• Neighbors getting into a shoving match during a dispute.
• A spectator poking a referee in the chest after a bad call during a basketball game.
• A CEO grabbing the collar of a business partner during an argument.
• A bar patron spitting on another customer after a verbal altercation.
• A baseball coach pushing a rowdy player down on the bench.
• Cursing and knocking a drink out of a stranger’s hand during an altercation at a sporting event.

What is the punishment for assault by contact in Dallas?

In most cases, assault by contact is a Class C misdemeanor in Dallas, punishable by a maximum $500 fine. However, the punishment can be enhanced if:

• the victim is elderly or disabled. In this case, assault by contact would be a Class A misdemeanor punishable by up to a year in jail and a maximum $4,000 fine.
• the offense is committed by a non-sports participant against a person participating in a sports event or in retaliation for the participant’s performance or duty as a sports participant. In this case, assault by contact would be a Class B misdemeanor punishable by up to 180 days in jail and a maximum $2,000 fine.

  

 

What defenses could a Dallas assault by contact lawyer raise?

Although a number of defenses could potentially be raised, one of the most common defenses in a Class C assault case is self-defense. Texas recognizes your right to defend yourself, your family, and your property, as long as you did not provoke the danger.

Another angle that an experienced Dallas assault by contact lawyer could pursue would be attacking the elements of the prosecutor’s case. For example, if the prosecutor cannot prove beyond a reasonable doubt that you intentionally or knowingly caused physical contact to provoke or offend the alleged victim, then they can’t win a conviction.

Many assault by contact cases arise from misunderstandings or are blown out of proportion. Accidental offensive acts, such bumping or running into someone, do not rise to criminal conduct. A skilled Dallas assault by contact lawyer at our firm will review all of the facts and circumstances of your case and work diligently to get the charges dismissed so there will not be a blemish on your record.

Why you should never ‘just pay the assault ticket.’

Many people think if they just pay the Class C ticket, they can put the incident behind them and move on. This is not the case. If you pay the fine, it will result in a criminal conviction – for assault – on your record. This could follow you for the rest of your life and could cause problems when you are trying to get a job, rent an apartment, or apply for a loan.

Our goal is to resolve your case in a manner that will not result in a conviction so that it can be expunged, which means the record of your arrest will be erased. Contact us today at 214-903-4000 for a free consultation. An experienced Dallas assault by contact lawyer will discuss all of your legal options with you.

Want to know more about misdemeanor assault in Texas?

To learn more about misdemeanor assault in Texas, please take a moment to watch this highly-informative video by Attorney Benson Varghese, who is Board Certified in Criminal Law.