Every state has laws defining and regulating against different types of assault. These are some of the key facts to know about aggravated assault in Texas:
Assault with a Deadly Weapon
Use of a deadly weapon during an assault constitutes aggravated assault. This applies whether or not the weapon causes physical injury to anyone. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is fear of more grievous injury.
The Identity of the Victim
Some assaults become aggravated assaults depending on the status of the victim. For example, many states punish any assault on police officers, firefighters, and even teachers as aggravated assault. Typically, for such an assault to constitute aggravated assault, the victim must have been performing his or her duty when assaulted and the perpetrator must have known of the victim’s status.
In addition to possible punishment for aggravated assault, assaults on members of certain protected classes can constitute hate crimes. These can include assaults based on race, ethnicity, national origin, religion, sexual orientation, or disability of the victim.
Intent of the Perpetrator
The mental state of the perpetrator can also push an assault from simple assault to aggravated assault. If he or she acted with the intent to cause severe harm or fear of severe harm, an assault can become aggravated. Depending on the state, reckless behavior can also constitute aggravated assault for example when someone acts with reckless indifference to human life, but without the specific intent to injure any particular person. If a dangerous or deadly weapon is involved, an assault may become aggravated even without any specific intent to injure.
Contact the Attorneys at Lucé Evans Law Today
Do you have questions about the facts about aggravated assault in Texas? If so, please feel free to contact Lucé Evans Law at (972) 632-1300 with your questions or concerns. We’re always happy to offer our assistance.