Assault

Assault can be charged as a class C misdemeanor, a class A misdemeanor, or a felony depending upon several factors, including the nature of the assault and the relationship between you and the alleged victim.

Regardless of whether you are charged with a misdemeanor or felony, a conviction for assault can have a life altering impact upon you. Do not treat this charge against you as minor or insignificant. You need a rigorous defense to protect and preserve your rights.

Mr. Hersom has successfully tried many cases to a jury where the individuals were charged with assault and has also had many cases dismissed without the need for a trial. Let the Hersom Law firm evaluate your case and assist you in protecting your freedom and rights.

The crime is usually charged as a class A misdemeanor. However, in some cases you may be charged with a felony in the third degree if the alleged victim is:

a person the defendant knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant as explained in Tex. Penal Code Ann. § 22.01(b)(1);
a member of the defendant's family or household, or a person with whom the defendant has a dating relationship, and it is shown at the trial of the offense that the defendant has a prior conviction for assault, homicide, kidnapping, aggravated kidnapping, or indecency with a child, against one with whom the defendant has a dating relationship, or a member of the defendant's family or household as explained in Tex. Penal Code Ann. § 22.01(b)(2)(A).; or
the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person's throat or neck or by blocking the person's nose or mouth as explained in Tex. Penal Code Ann. § 22.01(b)(2)(B);
a person who contracts with government to perform a service in a correctional or juvenile detention facility or an employee of that person, either while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the government to provide the service of in retaliation for or on account of the person or employee's performance of a service within the scope of the contract as explained in Tex. Penal Code Ann. § 22.01(b)(3);
a person the actor knows is a security officer while the officer is performing a duty as a security officer as explained in Tex. Penal Code Ann. § 22.01(b)(4);
a person the actor knows is emergency-services personnel while the person is providing emergency services as explained in Tex. Penal Code Ann. § 22.01(b)(5).

Tex. Penal Code Ann. § 22.01(b)(6) provides that offense is a felony of the third degree if it is committed against a pregnant individual to force the individual to have an abortion.

Tex. Penal Code Ann. § 22.01(b-2) was added effective September 1, 2017, and provides that Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge is lawfully discharging an official duty or in retaliation or on account of an exercise of official power or performance of an official duty as a peace officer or judge.