Assault

In Texas, what constitutes an assault charge?

In the eyes of the law, an assault is when someone intentionally causes another person physical harm, or makes another fear physical harm. That means threats of violence, as well as actual violence, can both be considered assaults. Depending on the severity of the assault allegation, you could be facing a lengthy prison sentence, expensive fines, and a troubling permanent record that will follow you for life. However, an arrest doesn’t mean all hope is lost. An award-winning criminal defense attorney based in Austin, Texas, Chris Perri is ready to advocate zealously on your behalf. With a proven track record of successfully helping clients facing assault charges, Chris Perri Law can help you, too.


Simple vs. aggravated assault

Assaults are categorized as “simple,” “regular,” or “aggravated” depending on the seriousness of the crime.

A simple assault refers to provocative or offensive touching, or threatening such touching, without injury, while a regular assault refers to behavior that does result in injury. Pain or discomfort is considered an injury, so you could be facing a serious assault charge based merely on the complaint of pain from the victim.


Regular assaults are elevated to aggravated (felony) assaults when:

  • The assault results in serious bodily injury

  • A deadly weapon is involved

  • The offender is alleged to have strangulated a family member 

  • The assault occurs in conjunction with another crime, such as rape or robbery

  • The victim is a police officer or public servant

  • The offender has a prior assault conviction related to family violence and is now alleged to have committed a new family violence offense 

  • And more


Sexual assault

Sexual assault, and aggravated sexual assault, refers to cases where the physical harm is sexual in nature. The United States Department of Justice defines sexual assault as: “any type of sexual contact or behavior that occurs without the explicit consent of the recipient.” This would include rape, attempted rape, or any type of unwanted or coerced sexual contact.

Aggravated sexual assaults are even more serious offenses. Factors that would make a sexual assault heightened to aggravated status in Texas include:

  • The victim is a younger than 14 years old

  • Serious bodily harm is committed against the victim during the sexual assault

  • The victim is made to fear for their life

  • The offender drugs the victim so they cannot resist

  • More than one assailant is involved

  • And more

If facing an assault charge or conviction, Chris Perri Law can help:

Assaults are one of the common charges filed in Texas, yet they’re also one of the most serious. If you or someone you love is facing assault charges in Austin or nearby, it is vital to have a proven criminal defense lawyer on your side. An award-winning attorney, Chris Perri has extensive experience overturning wrongful convictions, winning trials, proving client innocence, mounting successful self-defense claims, and getting cases reduced or dismissed.

If you’ve been accused or convicted of an assault crime in Travis County, Hays County, Williamson County, or anywhere in Texas, don’t wait any longer. We’re here to help. Call Chris Perri Law at (512) 269-0260 for a free case consultation today.