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ASSAULT CAUSES BODILY INJ (CLASS A)

If you or a loved one has been arrested for ASSAULT CAUSES BODILY INJ (CLASS A) in Montgomery County, Texas then this article can help you understand what these criminal charges mean and what to expect.  

ASSAULT CAUSES BODILY INJ (CLASS A) is an offense under chapter 22 of the Texas penal code and means that the person charged with the crime is alleged to have inflicted bodily injury on the person listed as the victim or complainant.  

What is an ASSAULT CAUSES BODILY INJ (CLASS A) Charge?  

Typically an ASSAULT CAUSES BODILY INJ (CLASS A) charge means that someone who you are not related to and do not live with has alleged that you assaulted them.  ASSAULT CAUSES BODILY INJ (CLASS A) are commonly referred to as bar fight assaults because a large number of them come from arguments that start near or outside of establishments that primarily sell alcohol.  Here is what a prosecutor has to prove in an ASSAULT CAUSES BODILY INJ (CLASS A) case:

  • The identity of the accused citizen​

  • intentionally, knowingly, or recklessly

  • caused bodily injury

  • to the alleged complainant

  • in the county in which the criminal charge is filed

  • on or about a certain date

Can I be required to report to probation before being convicted?

A judge can order you to follow certain rules in order to approve your release from jail on a bond.  These are called bond conditions.  Some common things that a judge can order you to do on conditions of bond are: 

  • Do not have contact with the alleged victim.

  • Do not return to the location of the assault.

  • Do not drink alcohol.

  • Do not possess firearms.

  • Pay a monthly supervision fee.

  • Test on a random basis for drugs or alcohol.

An attorney can help you fight these conditions and have a trial judge remove the requirements while you fight your case. 

How do you fight ASSAULT CAUSES BODILY INJ (CLASS A) Charges?

The first step to fighting an ASSAULT CAUSES BODILY INJ (CLASS A) charge is to collect the evidence that was obtained by police on the date of the original offense.  The prosecution is required to provide all the evidence collected by police during an official investigation under Article 39.14 of the Texas Code of Criminal Procedure.  This process is called Discovery.  Discovery can help you determine if you have a valid self defense claim or if the prosecution can meet their burden of proving the case beyond a reasonable doubt. 

Some of the things that you can review to defend an ASSAULT CAUSES BODILY INJ (CLASS A) charge are the following: 

  • Trace the 911 call and determine if it is reliable or credible?

  • Review witness statements to help prove your innocence?

  • See if photos or injuries show that Self Defense was justified?

  • Look to see if there is a motive to lie on the part of the alleged victim. 

Having a lawyer on your side can help explain to the prosecutor that the decision to arrest by the police may have been made too quickly or before all the evidence was really considered.  ​​

What is the punishment for an ASSAULT CAUSES BODILY INJ (CLASS A) in Texas?

A first offense ASSAULT CAUSES BODILY INJ (CLASS A) case in Texas is a Class A Misdemeanor and is punishable by a maximum of 365 days in jail and a $4,000 fine. 

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