i know you're trolling, but i'm going to suggest you look up the word 'aftermath'. then apply it to todays world and what would happen to anyone who assaults a cop out of the blue. i'm sure you remember the other thread where I called USFreedom an idiot because he couldn't grasp the idea that assaulting my neighbor is less of a crime than assaulting a cop.
You really should educate yourself. I might help you look less stupid; but I'm not sure.
Assault
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Assault is a criminal charge involving violence, so the prosecution is going to take it very seriously, especially if a weapon was used, or it resulted in injury. In Texas, assault carries either misdemeanor or felony level penalties and punishments in Texas, depending on the circumstances.
Criminal Charge in Texas? Please call (888) 891-6445.
Because simple assault is a misdemeanor, a police officer must see you commit the act before making an immediate arrest, unless it involves domestic violence. Otherwise, the officer has to issue a notice to appear in court or write a complaint and seek an arrest warrant.
And don’t make the mistake of thinking you have to hit someone, such as in a bar fight or a case of domestic battery, to be charged with assault. The Texas Penal Code defines simple assault three ways, two of which require little to no physical contact.
What is Assault?
Under the criminal laws of Texas, assault can be charged if you:
1.Intentionally, knowingly, or recklessly cause bodily injury to someone else, including your spouse.
2.Intentionally or knowingly threaten someone else, including your spouse, with imminent bodily injury.
3.Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
That means not only can you be charged for punching, kicking or choking someone during a fight, but if you tell someone you are going to beat them up, and that person has a reasonable fear that you are able and about to do it, you can be charged with assault.
And not only that, but just poking someone in the chest with your finger can be considered assault. Surprised about that? The police may arrest you on assault charges after an argument, if they are called by neighbors, or just happen to be nearby.
In many cases, the police may arrest you with very little evidence if they feel you are being belligerent or difficult. That doesn’t mean you committed a crime, however, and you should seriously consider fighting the charges to keep your record clean. No one should be stuck with a permanent criminal record just for getting in a heated argument. Call us to get your case evaluated and to find out how we can defend you and keep your record clean.
Misdemeanor Assault and Felony Assault
Normally, simple assault that results in minor injury is a Class A misdemeanor, punishable by not more than 1 year in a county jail and/or a fine of not more than $4,000. However, prosecutors can bump it up to a third-degree felony – 2 to 10 years in a Texas prison and/or a fine of not more than $10,000 – in some cases.
If you are charged with simple assault, it can become a third-degree felony if the state proves that you:
1.Committed the assault against a family member or someone with whom you are in a romantic relationship, and you have a previous domestic violence conviction.
2.Knew the person was a public servant or government contractor carrying out official duties, or you committed the assault on a public servant in retaliation for doing his job.
3.Knew the person was a security guard or emergency services worker, and you committed the assault while the person was doing his job.
When the assault involves only touching or threatening, it’s a Class C misdemeanor, for which the penalty is a fine of up to $500. But the criminal charge can become more serious under some circumstances with aggravating factors. For example, the assault becomes a Class A misdemeanor if the victim is elderly, and becomes a Class B misdemeanor if the victim is a sports official.
Assault with a Weapon / Aggravated Assault
The stakes also go up if you are charged with causing serious injury or using a weapon while committing assault. Aggravated assault is a second-degree felony, and the penalty is 2 to 20 years in a Texas prison and/or a fine of up to $10,000.
Aggravated assault can become a first-degree felony, with a penalty of 5 years to life, in cases of domestic violence, or if the assault was committed against a public official, security guard, informant, or witness to a crime.
