Many people believe assault charges stem from intentional physical contact only, but that’s not true.
The Texas penal code says a person commits assault if they intentionally or recklessly cause bodily injury to another person, intentionally threaten another with bodily injury, or knowingly causes physical contact that offends or provokes.
How exactly does each of these actions result in assault charges? Let’s take a closer look.
Causing Bodily Injury to Someone Else
Causing bodily injury to another person is a Class A misdemeanor and defined as inflicting pain on another person. The police can make an arrest as long as the injury is provable, even if there is no visible mark.
Additionally, causing an accidental injury could result in criminal charges. However, if the accused suffered an attack and injured the attacker, then he or she can claim self-defense.
Threatening Someone with Imminent Bodily Injury
If you threaten to hurt someone, then the police may have grounds to arrest you for assault. However, the police can only make the arrest if the person on the receiving end of the threat is reasonably in fear for his or her well-being from your threat.
Surprisingly, the threat can be verbal or non-verbal, as both instances could result in arrests. Unlike bodily injuries, the police can only make an arrest when the threat is intentional.
Therefore, arrests made using this statute are open to interpretation.
Physical Contact that Provokes or Offends
Intentionally making physical contact with another person that’s considered provocative or offensive is technically assault. Authorities classify this act as a Class C misdemeanor, which could result in a $500 fine and a criminal charge on your record.
Physical contact that provokes or offends includes but is not limited to the following:
Getting the Defense You Need
Criminal assault charges are serious accusations regardless of the circumstances. If you or a loved one is facing assault charges, a Fort Bend criminal defense attorney can help you put the past where it belongs, behind you.
Call (281) 817-8737 now for a free consultation for your case!