Fort Worth Assault Bodily Injury Attorney
What is an assault bodily injury?
Generally, assault bodily injury comes up when a person intentionally hurts another person. Apart from the legal definition, people call an assault bodily injury a lot of different things. It is called a fight, a scrape, or a failure to communicate.
Assault Bodily Injury
An assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another.
Under what penal code is the offense of assault?
Assault is listed under Section 22.01 of the Texas penal code. However, Aggravated Assault is codified under Section 22.02
What Are the Penalties for Assault Bodily Injury?
Generally, an assault bodily is punishable by
- Up to one year in jail;
- $4,000.00 fine;
- or both.
These penalties can vary if the assault is upon certain people like a police officer or the defendant’s spouse or if the defendant has criminal history.
What are the Defenses?
The defense that applies in each case depends on the case at hand. A criminal defendant does not have a duty to put on any evidence in a trial. If the prosecution fails to prove their case, the defendant is not guilty. This can be achieved by excluding evidence or by defects in the evidence
A person may use force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actors from another’s use of unlawful force. Basically, to use this defense, the defendant cannot be the first to use unlawful force.
In some circumstances, the use of force may be presumed reasonable. Verbal provocation alone is not sufficient.
Protection of property
In some instances, a person can use force to protect their property when the person believes it is immediately necessary to prevent and terminate another’s trespass
Voluntary intoxication is not a defense to the commission of a criminal offense.
Are these the only types of assaults?
No there is a possibility an assault could be classified as an aggravated assault or an offensive contact assault. The facts of any one case may change an assault from an assault bodily injury.
How is this assault bodily injury different?
An assault bodily injury requires a bodily injury, which can be as easy as the alleged victim reporting physical pain from the assault.
I Can Help
If you or someone you know has been charged with Assault, I can help. I will review your case develop a strategy, arrange for the necessary researchers, investigators or experts, investigate your case to provide you with the best defense. If you or someone you know needs to talk to a criminal defense lawyer call (817) 231-0023.