How can you be guilty of assault if it didn't leave a mark?
Updated: Jun 25
For anyone who's ever been punched in the stomach, or guys who've been kicked in the . . . .
You know that you can feel pain but have no observable marks. But what does the law say? Can someone claim that you assaulted them when there is no observable mark on them? The answer may surprise you.
Texas Penal Code 22.01 provides that a person commits [assault] if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse[.]
Texas Penal Code 1.07 provides that "Bodily injury" means physical pain, illness, or any impairment of physical condition.
The key is that "or" after illness. It means that a prosecutor who wants a conviction can try a case where there was no mark, and no third party witness as long as a complainant states that they felt pain. If you're fighting an allegation like this one, don't do it alone. Call me now. Brian Foley Law PLLC 936-596-0407.
If your situation is like Michael and Dwight below you might fall under Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.
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