While some states have a high volume of separate offenses designed to cover an array of bad acts, Texas law mostly lumps violent crimes under the broad charge of assault. Assault can be either a misdemeanor or felony depending on the circumstances
In Texas, assault is the act of (1) causing bodily injury, (2) threatening imminent bodily injury, or (3) causing physical contact with another knowing the contact is offensive or provocative. While most assault charges are misdemeanors, specific factors can result in a felony assault charge.
Aggravated assault is a specific felony charge that goes above and beyond simple assault. Depending on the victim, aggravated assault can be either a 1st or 2nd degree felony. To be considered aggravated, an assault must:
- Result in serious bodily injury; or
- Involve the use or exhibition of a deadly weapon during the commission of an assault.
A terroristic threat is a threat of violence intended to place a person in fear of imminent serious bodily injury, impair public affairs, or even exert influence on government activities. A terroristic threat can be charged as either a misdemeanor or felony depending on the circumstances. While terroristic threatening is typically charged as a misdemeanor, felony terroristic threatening carries a maximum sentence of 10 years in prison.
The Law Office of E. Jason Leach
If you have been arrested for a violent crime in the Odessa, Texas, contact The Law Office of E. Jason Leach to set up your free consultation.