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Simple Assault

When a person allegedly commits a misdemeanor assault offense in Texas, it is commonly referred to as simple assault. Many alleged assaults are based only on the account of the alleged victim.

While these crimes rarely involve any bodily injury—or possibly even any contact—to alleged victims, convictions can still carry steep penalties. Any person with assault on his or criminal record may experience numerous hardships when seeking employment, housing, or professional licensing.

Attorney for Simple Assault Arrests in Plano, TX

If you were arrested in the greater Collin County area for an alleged assault offense, it is in your best interest to not make any kind of statement to authorities until you have legal representation. The Law Offices of Richard C. McConathy aggressively defends clients accused of violent crimes in Allen, Frisco, McKinney, Plano, and many surrounding areas of Collin County.

Plano criminal defense lawyers Richard McConathy and Brian Bolton will work tirelessly to possibly get your criminal charges reduced or dismissed. Call 469-304-3422 right now to have our attorneys provide an honest and thorough evaluation of your case during a free initial consultation.


Overview of Simple Assault in Collin County


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Simple Assault Charges in Texas

Under Texas Penal Code § 22.01, an alleged offender commits assault if he or she:

  • intentionally, knowingly, or recklessly causes bodily injury to another person, including the alleged offender's spouse;
  • intentionally or knowingly threatens another person with imminent bodily injury, including the alleged offender's spouse; or
  • intentionally or knowingly causes physical contact with another person when the alleged offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative.

Intentionally, knowingly, or recklessly causing bodily injury to another person is typically classified as a Class A misdemeanor, but the offense can become a third-degree felony if the alleged offense is committed against any of the following:

  • a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
  • a person whose relationship to or association with the alleged offender constitutes a dating relationship, family violence, or household member under the Texas Family Code, and the alleged offender either has been previously convicted of an assault offense or offense under Chapter 19 of the Penal Code, kidnapping, aggravated kidnapping, indecency with a child, or continuous violence against the family against a dating partner or family or household member, or the alleged offense was committed by 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 (alleged crimes involving all of these elements can be classified as second-degree felony offenses);
  • a person who contracts with government to perform a service in a correctional or detention facility or an employee of that person while the person or employee is engaged in performing a service within the scope of the contract, if the alleged offender knows the person or employee is authorized by government to provide the service, or in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;
  • a person the alleged offender knows is a security officer while the officer is performing a duty as a security officer; or
  • a person the alleged offender knows is emergency services personnel while the person is providing emergency services.

If an alleged offender intentionally or knowingly threatens another person with imminent bodily injury or intentionally or knowingly causes physical contact with another person when the alleged offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative, the crime is typically a Class C misdemeanor. Either offense can be classified as a Class A misdemeanor if the alleged victim was an elderly individual or disabled individual, and an alleged assault committed by an alleged offender who is not a sports participant against a person the alleged offender knows is a sports participant either while the participant is performing duties or responsibilities in the participant's capacity as a sports participant or in retaliation for or on account of the participant's performance of a duty or responsibility within the participant's capacity as a sports participant is a Class B misdemeanor.


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Simple Assault Penalties in Collin County

The possible punishments alleged offenders may receive if convicted of assault depend on the classification of the alleged crime. The respective maximum sentences are as follows:

  • Class C Misdemeanor — Fine of up to $500;
  • Class B Misdemeanor — Up to 180 days in jail and/or a fine of up to $2,000;
  • Class A Misdemeanor — Up to one year in jail and/or a fine of up to $4,000;
  • Third Degree Felony — Up to 10 years in prison and/or a fine of up to $10,000; or
  • Second Degree Felony — Up to 20 years in prison and/or a fine of up to $10,000.

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Texas Resources for Simple Assault

Crime Prevention | Collin County Sheriff's Office — The Collin County Crime Prevention Section provides numerous programs, including Neighborhood Crime Watch, Safety Talks for Women, and Safety Talks for Senior Citizens. On this website, you can find several tips to avoid becoming the victim of a violent crime. Safety tips are provided for when you are walking, in your car, or engaged in other outdoor activities.

Collin County Sheriff's Office
4300 Community Ave.
McKinney, TX 75071
(972) 547-5100

Texas Penal Code § 22.01 | Assault — Read the full text of the state law relating to assault. You can find how emergency services personnel, security officer, and sports participant are defined for the purposes of this section. You can also learn more about when simple assault becomes a felony offense.


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The Law Offices of Richard C. McConathy | Plano Simple Assault Defense Lawyer

Were you arrested for an alleged assault anywhere in Collin County? You should exercise your right to remain silent until you have legal counsel. Contact The Law Offices of Richard C. McConathy as soon as possible.

Richard McConathy and Brian Bolton are experienced criminal defense attorneys in Plano who represent individuals all over Collin County, including Plano, McKinney, Frisco, Allen, and several other nearby communities. You can have our lawyers review your case and discuss all of your legal options when you call 469-304-3422 or fill out an online contact form to receive a free, confidential consultation.


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