A citation for Assault or Disorderly Conduct can be expensive, humiliating and time-consuming.
A "Simple Assault" in Texas is a Class C Misdemeanor. If you're convicted of Assault, the fine can be as much as $500 plus court costs, and can have substantial negative effects on your rights in the future.
Under Texas Law, an Assault is:
“intentionally, knowingly or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury; or intentionally or knowingly causing physical contact with another that the offender knows or reasonably should know the victim will find provocative or offensive.”
(Tex. Penal Code Ann. §22.01)
Assault “Family Violence” can also be charged in Municipal and Justice Courts. By definition and for the purposes of “Family Violence” reports, “Family” includes individuals related by consanguinity (blood) or affinity (marriage or former marriage), biological parents of the same child, foster children, foster parents, and members or former members of the same household (including roommates). The definition also includes parties to a, “Dating Relationship” – meaning a relationship between individuals who have now or have had in the past a continuing relationship of a romantic or intimate nature.
WHAT THIS MEANS…
Assault CAN BE ALMOST ANY ACT that does not cause physical injury or pain, but is simply upsetting or causes the alleged victim to feel "offended" or "threatened" with imminent bodily injury.
Its a tricky and very subjective standard and can have very serious consequences for your ability to get a job, obtain or keep a Concealed Handgun License, or whether you can even possess a firearm or ammunition if the allegation is reported as a conviction.
If you’re convicted of Assault or Disorderly Conduct – meaning the ticket or citation is reported to Texas DPS and is “On Your Record” – your permanent criminal record will show the conviction and can be used against you now and in the future.
A ticket (for Assault, Assault - Family Violence, Disorderly Conduct or any other alleged Class C Misdemeanor violation) is actually a formal summons for you to appear at court and answer the allegation against you. If you fail to appear by the date listed on the citation, you can be issued a new ticket and warrants for your immediate arrest will likely issue.You have the constitutional right to be represented by an attorney if you so choose - which means in most cases, we can appear for you at first - but, if you elect to have a trial you WILL BE REQUIRED TO APPEAR AT COURT. Our experienced and professional attorneys aggressively defend you against any alleged violation. We will fully explain all your options for disposition and/or trial – and you get to decide how we will proceed – the choice is always yours, but we’re here to help you understand the consequences of whatever decision you make.
HOW WE CAN HELP
You have the constitutional right to be represented by an attorney if you so choose - which means in most cases, we can appear for you at first - but, if you elect to have a trial you WILL BE REQUIRED TO APPEAR AT COURT.
You need to know what the consequences can be relating to a charge of Assault - especially if the allegation involves a “Family Member” as defined by the Texas Family Code. The other party need not even be related to you by blood or marriage to count as a, “Family Member” and the consequences for a “Family Violence” conviction are severe.
NEVER PLEAD GUILTY without first understanding what it will mean to your driving record.
Contact us today for additional information about how we can help.