In the state of texas is assault causes bodily injury and injury to a child/elderly/disabled reckless bodily injury a felony?

Asked about 5 years ago - San Antonio, TX

I just need to knwo the seriousness of the offenses and if jail time is expected or probation if first offense,

Attorney answers (2)

  1. Paul Holt Walcutt

    Contributor Level 16

    Answered . It depends on what kind of injury is alleged and who is the victim.

    For the assault-bodily injury charge, they have to prove you intentionally, knowingly, or recklessly causes bodily injury to another person. Punishment starts as a Class A misdemeanor carrying up to 1 year in jail or up to 2 years of probation and a fine of up to $4,000. If you are alleged to have committed an assault on a family member, then this carries a whole lot of other collateral consequences. If it's a family member and you are alleged to have "intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth" or you have previously been convicted or received deferred adjudication for assault-family violence, then it's a 3rd degree felony carrying 2-10 years in prison or probation of up to 10 years and a fine of to $10,000. This is a 2nd degree felony if they allege strangling, that the current victim is family member, and you've got a prior FV conviction. A 2nd degree felony carries from 2 to 20 years in prison or up to 10 years of probation and a fine of up to $10,000.

    For the Injury to a child/elderly person/disabled person, you commit this offense if you intentionally, knowingly, recklessly, or with criminal negligence, by act or intentionally, knowingly, or recklessly by omission, causes to a child, elderly individual, or disabled individual: serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury. This is a first degree felony (5-99) if you intentionally or knowingly cause serious bodily injury or serious mental deficiency, impairment, or injury, and a 2nd degree felony if you do so recklessly. Bodily injury caused knowingly or intentionally is a 3rd degree felony, and if caused recklessly, this is a state jail felony. If any type of injury is caused with criminal negligence, then it is a state jail felony, carrying 6 months to 2 years in state jail or up to 5 years of probation and a fine of up to $10,000.

    Obviously, depending on the facts, these crimes have a huge range of punishment. You should talk with a local criminal defense attorney so that you can get specific advice.

    Disclaimer: This answer is provided as a public service and as a general response to a general question, it is not meant, and should not be relied upon as specific legal advice, nor does it create an attorney-client relationship.

  2. Edgardo Rafael Baez

    Contributor Level 18

    Answered . It would depend on the facts of the case.

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