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Conviction(s) for Assault or Disorderly Conduct don't add points to your license - but that DOES NOT MEAN you shouldn't care if they go on your record.
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A "Simple Assault" in Texas is a Class C Misdemeanor.
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
What this means is that an Assault CAN BE ALMOST ANY ACT that does not cause physical injury or pain, but is upsetting or causes the alleged victim to feel "offended" or "threatened."
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 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 record will show the conviction - but THERE ARE NO POINTS added to your driver's license because the case actually arises from the Penal Code.
A ticket (for Assault, 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 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.
DON'T EVER PLEAD GUILTY without first understanding what it will mean to your record.
A citation is only an accusation you violated a law - IT IS NOT a finding of guilt by itself!
Call us today for additional information about how you can have us help you with your ticket.
Copyright Mallory, Lollar, Holt & Associates, P.C. | Justin T. Holt, Managing Attorney All rights reserved.
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