Criminal Offense
Very Important, you need to speak with an experienced CPS lawyer or criminal defense lawyer before interviewing with a criminal investigator or an investigator/caseworker with CPS. Your statements in these interviews may cause damage to your criminal case and CPS case. Please always remember that if you are being investigated in this situation, It is your right to say that “you would like to consult an attorney.”
The Texas criminal statute on assault creates several different offenses, and the charges vary depending on numerous factors. Please see below as to the elements of this charge in the Texas Penal Code:
- Intentionally or knowingly causing physical contact with another person when the offender knows or should know that the touching will be offensive.
- Intentionally or knowingly threaten to cause bodily injury, even without contact. (**Note: there are various different offenses that are very similar but have entirely different punishments and ramifications**)
- Intentionally or recklessly causing physical injuries to another person, otherwise termed assault with bodily injury.
Assault causing bodily injury can be enhanced to a Third Degree Felony, punishable by 2 to 10 years in prison and a fine up to $10,000 if the assault is against:
- Someone with a family or household member or someone with whom you have had a dating relationship, AND you have been convicted for assault family violence in the past.
- A person who is a public servant lawfully doing his or her job.
- A person you know to be a security officer or EMT performing his or her duties.
- A person that was choked in connection with the assault.
- A pregnant person.
Please always remember that if you are a parent in this situation, It is your right to say that you would like to consult an attorney. We want to help the whole family in these situations against the District Attorney’s office and CPS. Both of these entities will try and create sides and separate your family. Please call our office before doing anything or talking to anyone, 817-617-8058, or email at brad@thescaliselaw.com
