It is extremely important to hire an experienced criminal defense attorney if you are charged with misdemeanor assault. A conviction can have drastic consequences on your future, including jail time, probation, fines, mandatory anger management courses, and the loss of your right to possess a firearm.
To be guilty of a Class A misdemeanor assault under Texas Penal Code 22.01, a person must “intentionally, knowingly, or recklessly cause bodily injury to another, including the person’s spouse.” Texas Penal Code 1.07(8) defines “bodily injury” very broadly as any “physical pain, illness, or any impairment of physical condition.” Therefore, any physical contact, including relatively minor altercations, can lead to an arrest if the contact causes any type of pain to the other person.
Depending on the facts of the case, several defenses may be available in an assault case for a possible reduction in charges or case dismissal. This includes Self-Defense (Texas Penal Code, 9.31), Defense of Third Person (Texas Penal Code, 9.33), and Protection of One’s Own Property (Texas Penal Code, 9.41).
Contact me, an experienced Austin-area Criminal Defense Lawyer to determine the best strategy for you.