assault bodily injury in Texas

Assault Bodily Injury Charge | Assault Charges | Assault Defense

What is Assault Bodily Injury in Texas?

In Texas, you can be arrested for Assault Bodily Injury if there is probable cause to believe you intentionally, knowingly, or recklessly caused bodily injury to another person. Probable cause exists when an investigation results in facts that would lead a reasonably intelligent and prudent person to believe you have committed a crime.  This is a very low standard of proof and is a far cry from the proof the state must provide once your case is filed: beyond a reasonable doubt.  Upon arrest, you will appear before a magistrate who will set your bond amount.  Depending upon the bond amount, you may choose to pay a cash bond, obtain a bondsmen to front a majority of the cost for you, or stay in jail.  The most important you thing you can do upon arrest is to contact an experienced attorney immediately.

What is bodily injury?

According to the Texas Penal Code, “bodily injury” means physical pain, illness, or any impairment of physical condition. If a person alleges that they are hurt, no matter how slight, or received visible or non-visible injury, that is sufficient to establish bodily injury for purposes of filing an assault charge against you.  Alleged victims simply claiming discomfort or annoyance will not establish bodily injury sufficient for you to be convicted of Assault Bodily Injury.

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What does it mean to intentionally cause assault bodily injury?

You intentionally cause bodily injury to someone when it is your conscious objective or desire to engage in the conduct or cause the result with respect to the nature of your conduct or to a result of your conduct.  Basically, meant to hurt someone and you acted in a way that hurt someone.

What does it mean to knowingly cause assault bodily injury?

You knowingly cause bodily injury when you are aware of the nature of your conduct or that the circumstances exist with respect to the nature of your conduct or to circumstances surrounding your conduct. You act knowingly, or with knowledge, with respect to a result of your conduct when you are aware that your conduct is reasonably certain to cause the result.  In other words, knew what you were doing was going to hurt someone and you did it anyways.

What does it mean to recklessly cause assault bodily injury?

You recklessly cause bodily injury when you are aware of but consciously disregard a substantial and unjustifiable risk that the circumstances exist or the result will occur with respect to circumstances surrounding your conduct or the result of your conduct. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from your standpoint.  This means that you knew what you were doing was at risk of causing bodily injury, you disregarded the risk that a normal person would not, and did it anyways.

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When can you be charged for Assault Bodily Injury?

After a criminal investigation and arrest for Assault Bodily Injury, your case will be forwarded to your local district attorney’s office for review by a criminal prosecutor.  Prosecutors can accept a case immediately upon intake, send the case back for additional information and then accept it at a later date, or reject it outright.  If your case is accepted, you will be formally charged with Assault Bodily Injury and required to make an appearance in court, be represented by counsel (or go pro se) and dispose of your case.  Before your first appearance, you will need to contact a criminal defense attorney to represent you before the court.

What are the legal defenses for Assault Bodily Injury?

Just because you have been arrested and charged, does not mean you are guilty of Assault Bodily Injury.  There are numerous criminal defenses which could lead to your actual innocence of this offense: self-defense, defense of others and, defense of property, duress, and necessity, to name a few.  Consult with our attorneys to determine if the facts of your case meet the requirements for a legal defense.

What is the Statute of Limitations for Assault Bodily Injury?

The statute of limitations for a misdemeanor charge in Texas is two years.

What is the punishment range for Assault Bodily Injury?

Assault Bodily Injury is a Class A Misdemeanor punishable by up to 1 year in jail and up to a $4,000 fine.  This punishment range can be enhanced depending upon your prior convictions.  Depending on your criminal history, you may be eligible for probation. There are two types of probation: Straight Probation and Deferred Adjudication Probation. While these types of probations generally have the same conditions, they do not have the same consequences or exposure to jail time.  You will need the best Fort Worth Criminal Attorneys to challenge any enhanced penalties, negotiate the best resolution to your case and, when all else fails, fight your case in a jury trial.

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