If you are facing an assault charge in Texas, having experienced legal representation can make an important difference. The Dallas assault attorney at The Law Office of Patrick J. McLain, PLLC, has extensive knowledge of Texas criminal law and represents clients accused of a wide range of assault offenses.
How Texas Recognizes Assault
Texas generally allows for several ways that assault can be committed.
● One way is intentionally, knowingly, or recklessly causing physical bodily harm to another person.
● Assault can also involve threatening another person with imminent bodily injury. Or, it can be intentionally or knowingly causing physical contact that a person knows or reasonably should know the other person will regard as offensive or provocative.
As a result, injury is not necessarily required for an assault allegation. Physical contact can potentially become the basis for a criminal charge in Texas when circumstances indicate that contact was intended to offend or provoke.
For example, consider when two people are having a heated argument. The conduct of each person could be interpreted differently by those who are involved, specifically when emotions are running high and the involved parties have conflicting accounts of what happened.
This is why the distinction between intent to injure and intent to make offensive or provocative contact can be significant. In an assault case, a defendant may not have intended to hurt someone, yet prosecutors could still allege that he or she intentionally made unwanted physical contact. Then, the specific facts and circumstances of the case would be used to determine if that conduct actually satisfies the legal requirements for assault.
Context Is Important
Surrounding context in an assault case matters greatly. Therefore, the following questions can become important when figuring out how an incident should be understood under Texas law.
● What happened immediately before the contact?
● Was the contact intentional?
● How would a reasonable person understand the contact?
● Were there witnesses, recordings, text messages, or other evidence that help establish what occurred?
When accusations of assault are made, the way Texas law is written, consequences depend on the situation and the classification of the offense. Many factors such as the alleged victim’s relationship to the accused, the nature of the conduct, and whether bodily injury was alleged can affect how a case is charged and what the potential penalties will be.
Contact the Law Office of Patrick J. McLain, PLLC About Criminal Defense Cases
Assault allegations in Texas are serious, but an accusation is not the same thing as proof. Evidence and the precise language of the applicable statute matter when evaluating if the elements of the offense have been established. This is why if you have been arrested for assault, it can be incredibly helpful to have the assistance of a qualified attorney.
Contact the Law Office of Patrick J. McLain, PLLC to speak with a Dallas, Texas criminal defense attorney today.