What makes an assault in Texas aggravated? The two charges, while similar, result in significantly different penalties in Texas.
A simple assault that results in minor injuries is typically a Class A misdemeanor. The penalty for this is a fine of up to $4,000 and up to one year in jail.
Simple assault in the form of threatening or touching without physical harm is usually a Class C misdemeanor. Class C misdemeanors result in fines of up to $500 and no jail time. However, depending on who the person you have assaulted is, this penalty could increase. A threatening assault against a sports official, like an umpire, is a Class B misdemeanor. It becomes a Class A misdemeanor if the victim is elderly. If the victim is a public servant, government official, security guard, emergency services worker, it becomes a third-degree felony. The maximum penalty for a third-degree felony is 10 years in prison and $10,000 in fines. Additionally, assault against a family member is a third-degree felony if you have a previous conviction for domestic violence.
Aggravating Factors and the Penalties for Aggravated Assault
Assault becomes aggravated if serious injury is caused, or a weapon is used in the commission of the assault. Aggravated assault is usually a second-degree felony. This charge can land you in prison for two to 20 years and result in fines of up to $10,000.
Aggravated assault can result in a life sentence if committed against someone with whom you have a domestic relationship, public official, police officer, security guard, witness or informant. This bumps the assault up to a first-degree felony, the most serious type of crime.
