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How is Bodily Injury Defined, and How Does It Impact a Houston Assault Case?

PUBLISHED ON: September 5, 2019    LAST MODIFIED ON: November 14, 2023
How is Bodily Injury Defined, and How Does It Impact a Houston Assault Case?

Being charged with assault in Houston or Harris County is bad enough, but being charged with assault for causing bodily injury to another could mean jail time and steep fines.

If you’ve been charged with bodily injury assault in Houston, your best chance to avoid these penalties is being represented by an experienced Houston assault defense attorney. The law offices of Houston assault lawyer Lisa Shapiro Strauss has helped many Houstonians who have found themselves arrested and charged for an assault that caused bodily injury to another person.

What is “Bodily Injury”?

A person in Houston can be arrested and charged with assault for “intentionally, knowingly, or recklessly causing bodily injury to another, including the person’s spouse.”

But exactly how is bodily injury defined? According to the Texas Penal Code, bodily injury means “physical pain, illness, or any impairment of physical condition.”

This broad definition means it doesn’t take much to make an allegation of bodily injury that results in arrest and being charged with bodily injury assault in Houston. A victim doesn’t have to be treated by EMS, taken to the hospital or even show any signs of physical injury; they only have to make a statement to police that they were in pain as a result of the assault for you to be arrested for assault causing bodily injury in Houston.

Charges For An Assault That Causes Bodily Injury In Houston

In most circumstances, if you’re arrested for causing bodily injury to another, and no other aggravating factors are present, you’ll be charged with a Class A misdemeanor. If found guilty, you could be sentenced to up to a year in county jail and ordered to pay a $4,000 fine.

However, aggravating factors can bump it up to felony charges for bodily injury assault. These factors can include:

  • Prior convictions for assaulting a family member, a member of your household or someone you have a dating relationship
  • Choking someone
  • Causing bodily injury to a public official, police officer, emergency worker, security guard, witness, or informant

You could find yourself facing 3rd degree, 2nd degree and even 1st degree felony charges with penalties of up to $10,000 in fines and the possibility of life in prison.

In addition, you could be charged with aggravated assault if the assault caused serious bodily injury or if a weapon was used in the commission of the assault.

If You’ve Been Arrested For Assault In Houston, TX

If you’ve been arrested for assault causing bodily injury in Houston, TX, enlisting a Houston assault attorney to represent and defend you can make a significant difference in the outcome of your case. There are mitigating circumstances in almost every assault case that can result in dropped charges, lower fines, probation or even acquittal. Houston criminal defense attorney Lisa Shapiro Strauss has helped many Houston residents who have been charged with assault and other crimes in Houston, TX. Let Lisa put her considerable experience and legal knowledge to work for you.

Filed Under: Assault, Assault Family Member, Domestic Violence

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