Assault causing bodily injury is a criminal charge in Texas. You commit this offense when you intentionally, knowingly, or recklessly cause bodily injury to another. If you merely threaten or touch the other person, the charge is only a class C misdemeanor.
The standard charge for assault causing bodily injury is a class A misdemeanor. But depending upon the facts of the incident, you could be charged with a felony.
Third Degree Felony
If you commit assault causing bodily injury in the following situations, you can be charged with a third-degree felony. Examples of third degree felony assault are:
- You know the victim is a public servant who is lawfully discharging an official duty. Or, the assault occurs in retaliation or on account of an exercise of official power by a public servant.
- You are in or had a dating relationship with the victim.
- The victim is a member of your family. By blood, marriage, or adoption.
- You have been previously convicted of assault causing bodily injury.
- You intentionally, knowingly, or recklessly impeded the victim’s normal breathing or circulation by applying pressure to the victim’s throat, neck or covered their mouth or nose.
The above are listed in general terms. Make sure that you go over the facts of your specific charge with your criminal lawyer. Once they understand the full story, they will help you to understand the charge that you are looking at.
If you have been charged with assault causing bodily injury, it is a serious charge. As a class A misdemeanor, you could spend up to one year in jail. As a third-degree felony, you could go to prison from two to ten years.
Do not attempt to handle this charge on your own. There are many nuances that can help or hurt you defense. Make sure that you have an attorney on your side.