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If you were charged with the crime of assault by causing bodily injury under Tex. Penal Code Ann. § 22.01(a)(1), the accusation requires proof that you intentionally, knowingly, or recklessly causing bodily injury to another, including your spouse.
The crime is usually charged as a class A misdemeanor in San Antonio and throughout Bexar County, TX.
If you were charged with assault by causing bodily injury in San Antonio, TX, then contact an experienced criminal defense attorney at Goldstein, Goldstein, Hilley & Orr. We can help you understand the charges pending against you, the potential penalties that apply to those charges, and the best ways to fight the charges for an outright dismissal.
Let us put our experience to work for you. Call 210-226-1463 today.
In some cases, the charge of assault by causing bodily injury can be charged as a felony in the third degree if the victim of the assault is:
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.
Under the assault statute, the term "dating relationship" is defined in Tex. Fam. Code Ann. § 71.0021(b). The term "family" is defined in Tex. Fam. Code Ann. § 71.003. The term "household" is defined in Tex. Fam. Code Ann. § 71.005.
Under Tex. Penal Code Ann. § 22.01(e)(1), the phrase "emergency services personnel” includes firefighters, emergency medical services personnel, emergency room personnel, and other individuals who, in the course and scope of employment or as volunteers, provide services for the benefit of the general public during emergency situations.
The term ”security officer" means a commissioned or non-commissioned security officer as explained in Tex. Penal Code Ann. § 22.01(e)(3). The term “registration of noncommissioned security officers” is governed by Tex. Occ. Code Ann. § 1702.221.
For purposes of Tex. Penal Code Ann. § 22.01(b)(3), the definition of "correctional facility" is defined in Tex. Penal Code Ann. § 1.07(a)(14) and Tex. Fam. Code Ann. § 51.02(13). The definition of "detention facility" is found in Tex. Fam. Code Ann. § 51.02(14).
This article was last updated on Friday, November 22, 2017.