San Antonio Assault Attorney

What is the Penalty for Assault in Texas?

It’s important to understand the difference between misdemeanor and felony assault charges, as each carries its own set of penalties. The penalties for misdemeanor assault, for example, include up to but no more than one year in jail, as well as a possible fine. With felony assault, however, the punishment can be much more severe. A felony is punishable with a sentence of at least two years in prison or much longer, depending on the circumstances of the crime.

In the state of Texas, individuals charged with felony assault and battery could be facing the following penalties:

• First-Degree Felony: 5 to 99 years or life in prison and up to $10,000 in fines
• Second-Degree Felony: 2 to 20 years in prison and up to $10,000 in fines
• Third-Degree Felony: 2 to 10 years in prison and up to $10,000 in fines

With so much at stake, you cannot afford to simply hope for the best. As your San Antonio assault defense attorney, Derek Emmons can stand up in your defense and utilize his extensive litigation skills to help you fight for the most favorable case outcome in your case.

Assault is a broad term that includes any threatening action or attempt to injure a person. It is important to note that a person does not need to inflict any actual physical harm to be charged with assault in Texas; merely threatening to cause bodily injury to another person can result in assault charges.

Contact us online or by phone at (210) 702-3054 now for a free consultation and case evaluation with San Antonio assault attorney Derek W. Emmons. 

Assault Strangulation Charges

In many cases, assault charges are related to accusations of domestic violence. Domestic violence criminal cases are highly emotional and can be difficult for all parties involved, especially if they involve strangulation or suffocation.

Strangulation is defined as intentionally obstructing normal breathing or circulation of the blood by applying pressure on the throat or neck or by blocking the nose or mouth of another person. Strangulation may occur by a person’s bare hand or object and does not require that the victim be choked unconscious. This is relatively a new charge in Texas and oftentimes, it is overcharged.

Felony strangulation is often associated with domestic assault and battery cases. This means that felony strangulation can be linked to domestic assault charges.

If charged with felony strangulation in Texas, you face the following penalties:

• Third-Degree Felony: 2 to 10 years in prison and up to $10,000 fine
• Second-Degree Felony: 2 to 20 years in prison and up to $10,000 fine
• First-Degree Felony: 5 to 99 years in prison and up to $10,000 fine