Defending against criminal charges is harder when you don’t really understand the law. Inaccurate information about the law makes people feel like they have options for their defense that aren’t necessarily realistic for their circumstances.
Some people, for example, fail to fully understand the laws about assault. They then believe that they have grounds for a defense strategy based on their misconception about Texas law.
There are three different categories of behavior that could lead to someone facing assault charges under Texas law.
Intentionally causing bodily injury
This is perhaps the most well-known meaning of assault. Someone who intentionally strikes or kicks another person and causes that individual an injury like a broken nose will potentially face criminal charges for their actions. However, there are other forms of assault in Texas as well, meaning that you don’t have to hurt someone to face assault charges.
Making someone fear for their physical safety
If you put another person in a state of fear for their physical safety or life, that constitutes assault. Your words could be assault if you threaten someone and they believe that you have the ability to follow through with that threat. Your body language could lead to assault charges. Even things that you say online could constitute assault if the other party truly believes you intend to physically harm them.
Touching someone in an offensive manner
Fear and physical injury are the only qualifiers for assault. Offense is also a factor. Touching someone in an offensive or provocative manner on purpose also constitutes assault.
Realizing that the definition of assault is broader than many people understand is a first step toward planning your defense against pending assault charges in Texas.