What Constitutes Simple Assault?

Simple assault is a misdemeanor with serious direct and collateral consequences.

Assault in Texas is a variation of common-law battery, which is a harmful or offensive touch. Additionally, in criminal court, the state must prove the harmful or offensive touch was intentional. The intent requirement applies to the act, not the result. If Tony swings a golf club at Eddie during a match, Tony intends to hit Eddie, although he may not have intended to injure Eddie. Simple assault is a misdemeanor in Texas (up to one year in jail). Simple assault also has family law consequences, at least in most cases. More on that below.

Simple assault has other consequences as well, such as professional, immigration, and civil consequences. Only a Fort Worth criminal defense lawyer can reduce or eliminate these direct and collateral consequences. Attorneys thoroughly prepare cases, so they approach trial or plea negotiations from a position of strength. Furthermore, experienced attorneys know how to leverage defenses and make them work for defendants.

Criminal Defense

The alleged victim, even if that alleged victim is the defendant’s spouse, cannot “drop” criminal simple assault charges in Texas. The alleged victim is simply a material witness. If they desire, prosecutors can subpoena witnesses, including alleged assault victims, and force them to testify against their will. However, prosecutors rarely exercise this power, except in extreme cases.

Alleged victim cooperation is usually an issue in these cases. Husbands and wives often quickly reconcile. Ditto boyfriends and girlfriends. The long delay in these cases often affects alleged victim cooperation in other kinds of assaults. For a while, Raul may be very angry at Pepe after a barroom brawl. But that anger usually fades over time.

Additionally, an alleged victim subpoena may not be possible. Usually, the court’s subpoena power ends 150 miles from the courthouse. If witnesses, including alleged victims, live further away, they must voluntarily comply with the subpoena.

If the alleged victim’s testimony is unavailable, the defendant is not out of the woods yet. Prosecutors often try to use an obscure loophole in the hearsay rule to admit the police report into evidence. A Fort Worth criminal defense lawyer must anticipate that move and be prepared to counter it.

Finally, even if the alleged victim testifies, they may not be credible. Most alleged victims were drinking at the time of the assault, so their memories are cloudy. Furthermore, many alleged victims have mixed motives, at best, when they call the police. Primarily, they want the defendant to get in trouble.

Protective Orders

Most North Texas law enforcement agencies require officers to tell alleged domestic assault victims about their right to request a restraining order. In some cases, police officers can file the paperwork on their behalf. Protective orders are also an option in non-domestic violence assaults.

We should stop here and state that a protective order is not just a piece of paper. If the judge issues a protective order, the likelihood of more trouble skyrockets. Presence in a prohibited place, by itself, violates the order. Furthermore, police officers aggressively enforce protective orders, mostly because they’re firm court orders instead of abstract he-said/she-said disputes.

A judge can issue an ex parte protective order based solely on the alleged victim’s affidavit. These ex parte orders usually include keep-away orders and, in some cases, kick-out orders that force a defendant to vacate a shared residence, even if the defendant pays the rent or mortgage.

Temporary orders are usually good for twenty days. At a subsequent hearing, a judge can extend the protective order for up to two years. The judge can also add additional conditions, such as payment of child support.

Work With a Tarrant County Criminal Defense Attorney

Simple assault is a serious crime in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whittaker. Convenient payment plans are available.