In Texas, there are two types of assault cases, namely assault and aggravated assault. Both of these are criminal activities punishable by law. For a case to qualify as only an assault, one has to do any of the following activities:
- Intentionally causing bodily harm to the victim
- Intentionally threatening to harm another person physically
A case qualifies to be an aggravated assault if one:
- Injures the victim badly
- Uses a deadly weapon to cause harm to the victim
Aggravated assaults carry more and hefty penalties as compared to simple assaults such as threats.
The Tom Gregory Case
In December 2006, Gregory was charged with physically assaulting his girlfriend Natasha. It started with an intense argument and after sometime, it went to exchange of abusive words. According to Gregory, he unwillingly slapped his girlfriend severally and banged her head on the door. Though she was not badly injured, Natasha sued Gregory for an aggravated assault.
During his trial, Gregory hired a criminal defense lawyer who could help him shake off the charges. In his defense, Gregory’s lawyer claimed that Natasha provoked his client’s feelings and both of them were in the wrong. It was therefore uncouth for the court to charge his client with aggravated assault while the victim was not badly injured.
In the ruling, the judge decided that the case was a simple assault. Gregory was sentenced to one year of community service and had a restraining order against physically contacting Natasha again. Gregory had to attend anger management classes too.
Assault cases are rampant in Texas. However, how bad the assaults are will determine the penalty you will face. Assaults can be verbal too, though most go unreported because they are hard to prove. On the other hand, hiring a qualified and professional lawyer for your defense would be a wise decision in case you are convicted