In Texas, Assault Causing Bodily Injury is a Class A misdemeanor. A person commits this offense if he (or she) intentionally, knowingly, or recklessly causes bodily injury to another person, including the person's spouse. Under Texas law, bodily injury is any contact that causes pain, even if it doesn't leave a mark.
These types of cases appear on the docket with titles like these:
- ASSAULT CAUSES BODILY INJ
- ASSAULT CAUSES BODILY INJURY
- ASSAULT CAUSES BODILY INJURY FAMILY VIOLENCE
- ASSAULT CAUSES BODILY INJ DATE/FAMILY/HOUSE
Class A misdemeanors are the most common type of assault cases filed in Austin, especially in cases with an allegation of family violence.
The default maximum punishment for a Class A misdemeanor is one year in county jail and a $4000 fine but the punishment range may be enhanced for those with prior convictions. A jail sentence may also be probated, depending on various factors, in which case a defendant may not actually spend any time in jail.
An criminal defense attorney may be able to obtain a significantly better disposition like getting the charges thrown out, getting the case dismissed via a deferred disposition agreement so that the records can later be sealed or destroyed, or negotiating an agreement to change the charge to a different, less damaging offense.
The statutory definition of assault with bodily injury is found in Section 22.01 (a)(1) of the Texas Penal Code.