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Jurors will return with a verdict, which will be followed by sentencing if the finding is guilty. Any amount of pain, no matter how slight, is enough to legally constitute bodily injury. serious bodily injury to a person whose relationship to or association with the defendant This punishment range can be enhanced depending Before getting to the penalties for a conviction, you should appreciate how the statute works and the governments burden in an assault case. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. This entry was posted on Saturday, November 14th, 2020 at 6:08 am and is filed under Assault, Deadly Conduct, Divorce related crimes, Emergency Protective Orders, Self Defense, Uncategorized, Weapons. Jacksonville Jaguars cornerback Chris Claybrooks was arrested Saturday in Nashville, Tennessee, and charged with misdemeanor domestic assault with bodily injury and vandalism. normal breathing or circulation of the blood of the person by applying pressure to TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select. That being said, there is an avenue for an alleged victim to file a document known as an Affidavit of Nonprosecution. However, the charge for assault with bodily injury can be even more serious under certain circumstances described in the statute. Grabbing, striking, pushing, and minor contact is typically a misdemeanor, while assaults resulting in broken bones, bleeding, and serious bodily injury can be charges as a felony. Mitigation materials and doing work to set yourself apart from others charged with the same offense may make the difference between getting a dismissal or not. document.getElementById( "ak_js_2" ).setAttribute( "value", ( new Date() ).getTime() ); Theme: Contempt by Vault9. The jury instructions also authorized a robbery conviction if they found that he recklessly caused bodily injury or threatened or placed the victim in fear of imminent bodily injury or death. To set up a free consultation, please contact Criminal Defense Attorney Mark Diaz by calling (409) 515-6170. The Texas criminal statute on assault creates several different offenses, and the charges vary depending on numerous factors. Knowing that the government is represented by skilled attorneys who will fight to obtain a conviction, it is critical to level the playing field by retaining an assault and battery lawyer in League City. assaulted was a public servant, a security officer, or emergency services personnel In some instances, there may not even have to be violent contact for a charge of assault to be laid. In Texas, the most common type of assault is Assault Bodily Injury. 06-02-00208-CR, 2003 Tex. intentionally or knowingly causes physical contact with another that is provocative or offensive (Assault by Contact). Class A misdemeanor Bodily injury means physical pain, illness, or any impairment of physical condition Texas Penal Code 1.07(8); Punishment is up to 1 year of jail and up to $4,000 fine; Prosecuted in a county court at law; A judge or jury can give probation. SO Number: 57017. (18) Drug has the meaning assigned by Section 481.002, Health and Safety Code. Being charged with an assault crime in Fort Worth is one of the most difficult challenges an individual can face. The same relationship, can also cause an Assault to be charged at the Felony level, if there is a prior conviction of Assault (per Chapter 19, or Section 20.03, 20.04, 21.11, 22, or 25.11) which is Assault Causes Bodily Injury Dating, Family, Household Member.