Assault is perhaps the least serious of all violent criminal offenses regularly prosecuted in Texas. Assault charges vary in severity and simple assault is the least serious.
Individuals accused of simple assault may question whether their situation justifies criminal prosecution. After all, they may already know that the other person involved did not sustain significant injuries.
Some people expect to fight simple assault charges by demonstrating that they did not cause significant harm to the other person involved. Unfortunately, given the somewhat expansive definition of simple assault under state law, proving a lack of injury does not necessarily mean an individual can avoid an assault conviction.
The definition of simple assault is broad
Simple assault can involve intentionally causing injury to another person. However, that is only one of several definitions included in state statutes. People who cause harm by shoving someone or making unwanted physical contact with them can face assault charges.
So can those who may not have had any intent to injure another person. Attempts to intimidate or threaten someone can also constitute assault. Sending credible threats to someone via text message or email could constitute assault. So can verbal threats or body language intended to put someone else in fear for their physical safety.
Injury or intimidation are not the only circumstances that lead to simple assault allegations. Non-consensual physical contact intended to offend or insult can also meet the definition of assault. Groping someone or touching them in a provocative or insulting manner can be assault even if it does not lead to injury or put someone in fear for their physical safety.
Those who understand the circumstances that may warrant simple assault charges are in a better position to begin planning a defense strategy. Fighting assault charges could involve proving the other person wasn’t afraid, establishing that they initiated physical contact or proving that another party was the assailant and that there was a case of mistaken identity.
Reviewing the state’s evidence and the allegations against an individual can help with the process of planning a viable defense strategy. Those accused of simple assault may have several options available to them when responding to such allegations.