In the state of Texas, assault does not always refer to physical harm. In fact, simply threatening someone with physical harm can result in an assault charge being levied against you. A threat of violence can lead to up to one year in jail. Depending on the severity of the assault, the offense can be classified as anything from a Class C misdemeanor to a first degree felony. If you’re in the El Paso area and you require legal assistance, choose Sergio Coronado Law.
When it comes to classifying assault misdemeanors, it’s important to understand a few terms. The class of the misdemeanor signifies the severity of the charge and the punishments associated with said charge. Class A is the most serious, Class B is moderately serious and Class C is the least serious. “Aggravating factors” is another term that’s often used when it speaking about assault. An aggravating factor is defined as any fact or circumstance may increase the severity of a criminal act. Common aggravating factors include lack of remorse, committing the crime in front of a child, as well as the amount of harm to the victim. Here, we break down what differentiates assault misdemeanors.
Class A: The assault will be categorized as a Class A misdemeanor if the defendant causes bodily injury to another individual with no other aggravating factors present or the defendant causes provocative or offensive physical contact against an elderly person. This can lead to up to 1 year in jail and/or a fine of up to $4,000.
Class B: If the defendant commits an assault against an individual who is a sports participant or in retaliation for a performance, then the defendant may be charged with a Class B misdemeanor. This charge can result in up to 180 days in jail and/or a fine of up to $2,000.
Class C: If you threaten another individual with bodily harm or cause any type of physical contact that can be considered provocative or offensive in any way, with no other aggravating factors present, then your assault charge may be classified as a Class C misdemeanor. This can result in a fine of up to $500.
Assaults can be charged as third, second, or first degree felonies for a variety of reasons. In these instances, however, the assault may be charged as an “aggravated assault” if it results in serious injury or if a weapon was used in the assault. Assaulting a public servant, family member, or emergency service personnel can all lead to a felony conviction.
Attorney Sergio Coronado has over 30 years of legal practice and knows the legal tactics and challenges you are up against. He understands your situation. Mr. Coronado will protect your rights and freedoms. He will take quick action to achieve a favorable resolution to your case. Sergio Coronado Law provides dedicated, personalized assistance representing clients in El Paso County, most of West Texas, and New Mexico. Contact us today to learn more about what we can do to help.