Barton Hagee Law Firm, PLLC | San Antonio | South Texas
- The simple assault was carried out against an elderly person or a disabled individual
- A terroristic threat is made against a public servant (i.e. you yell “I will mess you up!” while a traffic officer is writing you a ticket)
- A direct threat of violence is made against a member of your household
- The offending action involved conduct that placed the victim or others in imminent danger of serious bodily injury
- The offending action prevents or interrupts the occupation of a public space such as an airplane, a store, a car, etc.
Generally speaking, felony assault charges are filed for any action that results in serious bodily harm to another person or involve the use or brandishing of a deadly weapon. Additionally, certain extenuating factors can see a simple assault charge bumped up to a third degree felony. However, the degree of felony charge you face on an assault charge depends on the circumstances, and the effect on potential sentencing can be drastic.
- You have a previous conviction for simple domestic violence assault
- The assault family violence involved impeding breath (choking)
- The simple assault was performed against someone you knew was a public servant or government contractor, or against an on-duty emergency worker or security guard (ex. You grab an officer’s hand as they attempt to handcuff you)
- You’ve been previously convicted of aggravated assault
- You are accused of assaulting a member of your household or a dating partner
- You are accused of assaulting a public servant during the execution of government duty
- You are accused of assaulting a witness or informant to a crime, even if it is on behalf of another party
- You are accused of assaulting an on-duty emergency worker or uniformed security guard