Texas criminalizes inappropriate and aggressive physical contact. State assault statutes also make it a crime to put someone in fear of imminent injury. One person can face assault charges over aggressive language, frightening actions or even threatening text messages in some cases.
Assault charges in Texas do not necessarily require physical contact. They require a credible threat. If other people might also feel frightened for their safety in the same situation, then the circumstances may constitute assault even if no physical contact occurred.
Assault charges vary in severity depending on the prior history of the person accused and other factors, such as whether there was a weapon present. Even the job of the other party involved can lead to more serious charges and penalties. In some cases, people may face allegations of domestic violence or domestic assault instead of basic assault charges.
What separates domestic assault from other types of assault charges?
The relationship between the parties is the main difference
Texas has domestic violence statutes that protect people from physical violence and intimidation on the part of those with whom they have close relationships. The statutes in Texas specifically apply to cases involving romantic partners, family members and those who cohabitate.
Under current Texas rules, a situation may constitute domestic violence when the party injuring or threatening another person lives with the other party, has a current or former romantic relationship with that other party or is part of the same immediate family. Threats, physical violence and attempts at intimidation could all constitute domestic violence. Other people involved in the situation or neighbors may contact law enforcement authorities to intervene.
In such scenarios, the person accused of domestic violence or domestic assault may face Class A misdemeanor charges. The potential penalties for a Class A misdemeanor include up to $4,000 in fines and possibly a year in state custody. Typically, allegations of domestic violence can have a chilling effect on an individual’s career, as there is often significant social stigma attached to scenarios involving domestic violence. Charges can also affect family law matters in the future.
Those accused of domestic assault due to an incident involving someone from their immediate family, household or romantic history may need help responding to those accusations. Learning about the difference between assault and domestic violence under Texas state statutes can help defendants begin planning a defense strategy.