men fighting in a bar fists flying

Is an Attempted Attack an Assault?

If someone is angry, picks up a brick, and throws it at someone, can he or she face assault charges even if they miss? The short answer is yes. In the state of Texas, both attempted attacks and actual attacks can result in criminal penalties, albeit of varying severities.

Determining Assault in Attempted Attacks

According to Chapter 22 of the Texas Penal Code, attempted attacks are illegal based on specific parameters. Therefore, an attempted attack must fit the following requirements to result in assault charges.

Intent

If someone intends to commit an act to injure another person, they could face criminal penalties for their actions. However, if someone haphazardly throws a brick and almost hits someone, the thrower is unlikely to face criminal penalties.

In fact, even if someone injured someone else, but the injury results from an accident that wasn’t intentional (distracted driving,) the responsible party may not face criminal charges. Therefore, the intent is a necessary part of assault arrests, attempted or otherwise.

Fear

An attempted attack is only an assault if the person is in fear of his or her life. Therefore, if someone threatens someone else and the target fails to realize the threat, it’s unlikely that the threatener will face criminal charges.

Get the Representation You Need

If you or a loved one is facing criminal charges and need a Fort Bend assault attorney, contact our firm for a free consultation. The Law Office of John L. Venza Jr. can identify the facts of your case and defend your rights against the charges made against you.

Call (281) 817-8737 now for your free consultation concerning your assault charges.

Categories