Aggravated Assault & Texas Law

June 8, 2017 | By | Add a Comment

AGGRAVATED ASSAULT

Texas Penal Code defines assault as the act of making provocative contact or carrying out a physical strike on another person both intentionally and recklessly in a life threatening manner to cause immediate harm or fear. Aggravated assault is a more serious form of assault.

The law distinguishes aggravated assault from general assault depending on the nature of the injury inflicted. A person is charged with aggravated assault if;

  1. The resultant injury of the assault is serious.
  2. A deadly weapon was used by to carry out the offense.

Assaultive Offense Penalty Levels

There are two levels of the offense under Texas Domestic Violence Law. Aggravated assault and Deadly conduct.

Aggravated assault is considered a second degree felony unless the following situations are met:

  • The suspect used a dangerous weapon or inflicted grave bodily harm on the victim or the victim’s friend or relative.
  • If the assault was done by a public servant in official capacity.
  • If the offense is done in retaliation to the account of a witness or anyone else connected to the case.
  • If the offense was carried out against a law enforcement officer.
  • If the offense involves reckless shooting from a vehicle to a building, house or another motor vehicle.

Deadly misconduct on another hand qualifies as a Class A misdemeanor only if it entails a conduct that appear to put another individual in danger.

Of Cocaine and Assault cases in Brazoria county.

According to records from the department of homeland security, there were 134 reported cases of aggravated assault in Brazoria County alone, one of the largest in Texas compared to relative population size. It was the third most reported offense behind theft and burglary. Strikingly, the perpetrators of over half the aggravated assault cases were under influence of cocaine; an outlawed drug. Both crack and powdered cocaine are readily available in Brazoria County like elsewhere in the state owing to it close proximity to the Mexican border where drugs are sourced and smuggled into United States.

News Story

A man was convicted for sexually assaulting a 14 year old girl on 28 September 2016. Gregory Lynn Ezelle, the offender, however violated his parole terms after release. He is a registered offender in El Paso having committed similar offenses previously. The deputies in Brazoria County have been informed of his prowl and are hunting him down.

Restitution

Under Texas law, deadly misconduct or aggravated assault offenders can be spared of imprisonment by being compelled to pay restitution. This involves paying the victim for all costs accrued due to the offense. Such cost includes counseling fees, damaged property and medical treatment.

Penalties

The following penalties are outlined in Texas Domestic Violence Law for both deadly conduct and aggravated assault.

  • First Degree Felony: – Between 5 and 99 years imprisonment and $10,000 fine.
  • Second Degree Felony: – Between 2 and 20 years imprisonment and $10,000 fine.

An individual charged with deadly misconduct faces one of the following penalties;

  • Class A misdemeanor: – Not more than 1 year imprisonment or a fine not more than $4,000 or both.
  • Third Degree Felony: – Between 2 to 10 years imprisonment or not more than $10,000

A history of previous felony or misdemeanor attracts higher fines and longer sentences.

Community Service and Deferred Adjudication.

Brazoria Criminal Attorney Sandra J. Oballe in Angleton would likely suggest the defendant pursue deferred adjudication. Deferred adjudication programs allow the court to adjoin the sentencing to a later date if the offender pleads guilty and on agreement that the offender complies with probation conditions. The offender may be handed community service if he pleads guilty and pays probation fee and meet the probation officer for the specified time.

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Category: Crime & Law

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