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How long does someone have to file assault charges in the state of tx?

Abilene, TX |

A friend of mine and his wife were having marital problem and were arguing, he grabbed her by te arm to try to stop her from leaving and she jerked away and it left bruises on her arm. Is this ground for filing assault charges?

How is it proveable up to 2 years after it happens?

Attorney Answers 4


Yes, what you described could form the basis of an assault charge - probably a Class C Misdemeanor, but maybe a Class A Misdemeanor. In either case, the statute of limitations is 2 years.

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Usually there has to be medical treatment for there to be a substantial injury enough to form the basis for an assault. This doesn't sound like it to me, but it could be a basis for medical treatment and that may satisfy the statute. I agree with the rest of the first answer.

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Under Texas law, there is no need for the alleged victim to seek or receive medical treatment to form the basis of an assault charge and, in fact, the great majority of misdemeanor assault charges involve no medical treatment at all. If the victim feels pain, that is sufficient to charge a Class A Misdemeanor Assault. If the contact/touching is reasonably likely to be perceived as offensive or provocative, that is sufficient to charge a Class C Misdemeanor assault.

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A class C misdemeanor (no jail, max punishment of $500 fine) simple assault is the minimum charge he could face should it be reported and the proper authorities believe there is enough evidence to move forward. I agree that it could get as high as a class A misdemeanor which can be punishable up to 1 year in jail; but if it is a first offense, then probation may be a very likely recommendation by the prosecutor.The statute of limitations on any misdemeanor assault in Texas is two years.

Sam K. Mukerji

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