Accused of Assault? You May Face Other Charges, Too

If you are accused of assault in Texas, additional charges might be filed, depending on the circumstances surrounding the alleged assault. The specific charges can vary based on factors such as the severity of the assault, the presence of weapons, the relationship between the parties involved, and whether certain aggravating factors are present. Here are some potential additional charges you could face:

Aggravated assault

In Texas, aggravated assault is a more serious offense than misdemeanor assault. It generally involves the intentional causing of serious bodily injury, using or exhibiting a deadly weapon during the commission of the assault, or committing assault against certain protected individuals such as peace officers or family members. Aggravated assault is generally classified as a felony offense, and the severity of the felony is determined by the factors involved. The penalties for aggravated assault depend on the specific circumstances of the offense, including the severity of the harm caused, whether a deadly weapon was used, and the identity of the victim.

Deadly conduct

This charge may apply if you knowingly engage in conduct that places another person in imminent danger of serious bodily injury and involves discharging a firearm in a reckless manner or displaying a firearm in a way that constitutes a threat. The elements of deadly conduct include:

• Reckless conduct: The accused person must engage in conduct that is reckless, meaning the person is aware of the risks involved but consciously disregards those risks.
• Dangerous instrument: The reckless conduct must involve using a deadly weapon. A deadly weapon is broadly defined and can include firearms, knives, or any other object designed or used to cause death or serious bodily injury.
• Recklessness and firearms: If the conduct involves discharging a firearm in the direction of one or more individuals, it can be considered deadly conduct. Even if the discharge is not specifically aimed at someone, the act may be deemed reckless and dangerous.
• Criminal intent: Deadly conduct does not require the accused person to intend to cause serious bodily injury or harm. Instead, the focus is on reckless behavior with a deadly weapon.

Terroristic threat

Making threats with the intent to terrorize, disrupt a public place, or cause the evacuation of a building, place of assembly, or public transportation may result in charges of terroristic threat.

Making a terroristic threat is generally classified as a Class B misdemeanor in Texas. If the threat is made against a family member, in response to an emergency, or to influence the conduct of a government agency, it can be enhanced to a Class A misdemeanor. In certain cases, if the threat involves a public servant, it can be classified as a third-degree felony.

Assault family violence

If the alleged assault occurred within a family or household relationship, you may face charges related to assault family violence, which can have additional legal consequences. A terroristic threat involves making threats with the intent to:

• Cause a reaction by an official or volunteer agency organized to deal with emergencies.
• Place the public or a substantial group of the public in fear of serious bodily injury.
• Prevent or interrupt the occupation or use of a building, room, place of assembly, place to which the public has access, place of employment or occupation, aircraft, automobile, or other form of conveyance.

Penalties for making a terroristic threat in Texas can vary based on the specific circumstances of the offense.

Sexual assault

In some cases, an assault may involve sexual misconduct, leading to charges of sexual assault or a related offense. In Texas, sexual assault is a criminal offense that involves engaging in non-consensual sexual contact or penetration. Consent is a crucial factor in sexual assault cases, and lack of consent may result from various factors, including incapacity, intoxication, mental disability, or the use of threats or force.

Sexual assault is generally classified as a second-degree felony, but it can be enhanced to a first-degree felony under certain circumstances. The penalties for sexual assault depend on factors such as the severity of the offense, the use of a deadly weapon, or the age of the victim.

Child abuse or endangerment

If the assault involves a child, you may face charges related to child abuse or endangerment. An assault charge in Texas may lead to charges of child abuse or endangerment when the alleged assault involves a child or puts a child at risk of harm. Child abuse or endangerment charges can be separate offenses or additional charges associated with an assault case, depending on the circumstances.

Penalties for child abuse or endangerment vary depending on the severity of the offense, the risk posed to the child, and other factors. Child abuse charges can have serious legal consequences, including potential imprisonment, fines, and restrictions on parental rights.

Robbery

An assault charge could potentially lead to charges of robbery in Texas if the circumstances surrounding the assault involve the use or threat of force to take someone’s property. Robbery is a distinct criminal offense that goes beyond a simple assault and involves the intent to commit theft or take another person’s property by force or threat of force.

Robbery is generally considered a more serious offense than assault due to the combination of violent behavior and theft. Penalties for robbery in Texas can range from a second-degree felony to a first-degree felony, depending on factors such as the use of a deadly weapon, the severity of bodily injury caused, or the involvement of certain protected individuals.

Criminal trespass

Criminal trespass in Texas involves unlawfully entering or remaining on another person’s property without effective consent. If the assault occurred while unlawfully entering or remaining on someone else’s property, you may face charges of criminal trespass. In some cases, the fact that an assault occurred in conjunction with criminal trespass may lead to enhanced penalties for the offender.

If you are facing assault—and potentially other—charges in Killeen, you need a criminal defense attorney who will work to reduce the charges against you or fight for an acquittal. At Mary Beth Harrell Law Firm, we understand the various charges people often face in addition to assault, and we’re ready to prepare a strong defense on your behalf. Call us or fill out our contact form to schedule a case evaluation with one of our experienced criminal defense attorneys today. We maintain an additional office in Copperas Cove, and proudly serve Belton, Harker Heights, Waco, Williamson County, Bell County, Coryell County, and McLennan County.