Assault Of a Disabled Person

If you have been arrested for assault on a disabled person in Texas, it is important to speak to an experienced Dallas criminal lawyer as soon as possible. The penalties for this offense can be severe, and you need to protect your rights.

What is Assault on a Disabled Person?

Assault on a disabled person is a type of assault that is specifically defined in the Texas Penal Code. Under Texas law, assault is defined as intentionally, knowingly, or recklessly causing bodily injury to another person. When the victim of an assault is a disabled person, the offense is enhanced to a felony.

What are the Different Levels of the Offense?

The level of the offense of assault on a disabled person depends on the severity of the injury caused to the victim. The offense is classified as follows:

• Class A misdemeanor: This is the least serious level of the offense. It is punishable by up to 1 year in jail and a fine of up to $4,000.
• State jail felony: This level of the offense is punishable by up to 2 years in a state jail facility and a fine of up to $10,000.
• Third-degree felony: This level of the offense is punishable by up to 10 years in prison and a fine of up to $10,000.
• Second-degree felony: This level of the offense is punishable by up to 20 years in prison and a fine of up to $20,000.

What Defenses Are Available?

There are a number of defenses that may be available to someone who has been charged with assault on a disabled person. Some of these defenses include:

• Self-defense: If you were acting in self-defense, you may be able to avoid liability for the assault.
• Involuntary intoxication: If you were intoxicated and did not have the capacity to form the intent to commit the assault, you may be able to avoid liability.
• Mistake of fact: If you mistakenly believed that the victim was not a disabled person, you may be able to avoid liability.

What Should I Do If I Have Been Charged With the Assault of a Disabled Person?

If you have been charged with assault on a disabled person, it is important to speak to an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy. Contact Spangler Law today so we can get started working on your case.