In this video, Fort Worth criminal defense attorney Benson Varghese explains how you can be charged with assault even if the alleged victim has no visible injuries. Benson breaks down misdemeanor assaults by describing the difference between assault by contact and assault bodily injury.
When you hear the term misdemeanor assault, you might envision a person with a bloody nose or black eye. The reality is, in Texas, for a misdemeanor assault charge to be filed against you, the other person is not required to show any visible injuries.
In Texas, there are primarily two types of misdemeanor assaults. The first, and the lower of the two, is assault by contact.
Assault by contact is a Class C misdemeanor in Texas. That means it is punishable by up to a $500 fine. Assault by contact means someone’s alleged you touched them in an offensive manner. That’s it – no sign or proof of injury required – you can be charged with a citation for assault by contact.
A misdemeanor assault charge that can land you in jail is assault causing bodily injury.
Bodily injury simply means that the other person says they felt pain. There’s no requirement that they show any physical injury that’s visible to the eye. They don’t have to show redness, bruising, or really have any other corroborating evidence for that case to be filed against you.
The punishment for assault causing bodily injury is up to a year in jail and up to a $4,000 fine. It’s a Class A misdemeanor in Texas.
Our goals on a misdemeanor assault case are three-fold. First, to avoid jail time. Second, to avoid a conviction. And third, and perhaps the hardest of these goals to reach, is to try and set up a pathway to get the arrest record expunged or non-disclosed in the future.
When a person comes to us with an assault allegation, we take a look at the substance of the accusation, the credibility of the accuser, and we begin working on both things that eviscerate the State’s case and go to mitigate against any possible consequence against you.
We hope you found this information about misdemeanor assaults useful. For more information, please visit our page on Assault Bodily Injury.
Have you been charged with a misdemeanor assault? Contact us today at (817) 203-2220 or reach out online for a complimentary strategy session. During this call we will: