Understanding the Charge of Assault Causing a Bodily Injury

 Posted on September 27, 2023 in Criminal Defense

Assault causing a bodily injury is a serious criminal offense in Texas. It involves intentionally causing physical harm to another person, resulting in bodily injury. Getting charged with assault causing bodily injury is a very serious offense, as being convicted may result in significant fines and imprisonment. If you are facing criminal charges, contact a lawyer to fight for your innocence and seek a positive outcome in your case.

Definition of Assault Causing a Bodily Injury

According to Texas law, assault causing a bodily injury is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. Bodily injury is a fancy word for any harm to your body, such as cuts and bruises, broken bones, physical pain, and more.

Potential Penalties 

The penalties for assault causing bodily injury vary based on the severity of the offense and the defendant’s criminal history. Typically, the charge is classified as a Class A misdemeanor, carrying a maximum punishment of up to one year in county jail and a fine of up to $4,000. However, certain aggravating factors, such as causing serious bodily injury or assaulting a family member, can elevate the offense to a felony, resulting in harsher penalties.

Possible Defenses to the Charge 

When faced with a charge of assault causing bodily injury, defendants have several potential defenses at their disposal. Some common defenses include:

• Self-defense – If the accused reasonably believed that using force was necessary to protect themselves from imminent harm, self-defense may be a valid defense. However, the level of force used should be proportionate to the threat faced. This means whatever force was used upon you is the level of force with which you can respond. 

• Lack of intent – To secure a conviction, the prosecution must prove that the defendant acted knowingly, recklessly, or intentionally. If the defendant can demonstrate that there was no intent to cause bodily injury, the case against them may be weakened.

• Mistaken identity – If there is a reasonable doubt regarding the identity of the assailant, it can be used as a defense. This defense is particularly relevant where multiple individuals were involved, and eyewitness testimony is unreliable. 

Contact a Collin County Criminal Defense Lawyer 

If you find yourself charged with assault causing a bodily injury, it is of the utmost importance that you consult an experienced criminal defense lawyer. Contact the experienced Plano criminal defense attorneys with Law Offices of Biederman & Burleson P.L.L.C. for reliable legal representation. Call 469-333-3333 for a free consultation.