What are the Penalties for Simple Assault?

Severe simple assault penalties are avoidable.

Simple assault, which is assault with bodily injury, is a Class A misdemeanor (up to one year in jail and/or $4,000 fine). Other kinds of assault include assault by contact (ABC), which is a lower Class C misdemeanor, and aggravated assault, which is a felony. DV (Domestic Violence) assault is the most common kind of simple assault, mostly because Texas’s definition of domestic violence is so broad. Parking lot fights and other such altercations are a rather distant second.

Any kind or degree of assault is a very serious matter that only the most experienced Ft. Worth criminal defense lawyer should handle. Simple assault charges, unlike other misdemeanors, have a number of moving parts. Therefore, several solutions are available that reduce or eliminate the harsh penalties associated with simple assault.

Indirect Penalties

The jail time and fine are only the direct consequences of simple assault. These offenses have substantial indirect penalties as well, such as consequences in civil court, family court, and immigration court.

Most North Texas law enforcement agencies require officers to inform alleged victims about their right to obtain a protective order. In some cases, responding officers even fill out the paperwork for alleged victims.

The procedure varies in different jurisdictions. Usually, a civil or criminal judge could issue an emergency protective order based solely on the alleged victim’s affidavit. At a subsequent hearing, respondents have a right to tell their side of the story and partner with a Ft. Worth criminal defense lawyer.

The downside is that a permanent protective order lasts much longer than an emergency order. Permanent orders also usually include additional provisions, such as a kick-out order that excludes the respondent from a shared residence, even if the respondent is financially responsible for the rent or mortgage.

In family court, a prior assault is a critical factor in child custody matters. Unless a court expunges the record, assault arrests and convictions never fall off a person’s permanent record.

These convictions could have short-term and/or long-term immigration consequences. Assault is a deportable offense that may be subject to the petty offense exception. Deferred disposition counts as a conviction for immigration purposes. Even if a noncitizen dodges the deportation bullet, an assault conviction hampers future status adjustment requests.

Avoiding Direct and Indirect Penalties

A plea bargain is the best way to reduce these penalties. Probation is usually available in simple assault cases, even if the defendant has a criminal record.

We touched on deferred disposition. In many cases, this special kind of probation is available in simple assault matters. If the defendant successfully completes probation, the judge dismisses the case, leaving the defendant with no conviction record.

We also mentioned ABC above. If the evidence is weak, prosecutors might agree to a charge reduction or a plea bargain. ABC does not have the direct and collateral consequences of simple assault.

Undermining the state’s evidence, usually the alleged victim’s testimony, is the best way to eliminate these consequences.

Most alleged victims were drinking at the time of the incident. So, their recall is suspect. Additionally, most alleged victims have never testified in court before. Because of this combination, a Ft. Worth criminal defense lawyer often undermines their testimony sufficiently to create a reasonable doubt as to the evidence.

Count on a Dedicated Tarrant County Attorney

The penalties for simple assault are very severe in Texas. For a confidential consultation with an experienced criminal defense lawyer in Ft. Worth, contact the Law Office of Kyle Whitaker by calling 817-332-7703 or going online now. We routinely handle matters in Dallas County and nearby jurisdictions.