Simple assault is classified as the unwanted touching of another. A simple assault is a Class C misdemeanor that carries with it up to $500 in fines. If there is no bodily injury, no pain, or no deadly weapon, if it is simply an unwanted touching, then it is the defined as simple assault.
For example, two people are having heated debate and one person pokes their finger into the chest of the other, that is an unwanted touching by the definition of law and the person doing the touching could be guilty of a Class C misdemeanor.
If you are facing simple assault charges in Lubbock, it is essential to contact an experienced Lubbock simple assault lawyer as soon as possible to build a defense quickly to avoid any potential penalties and consequences.
A misdemeanor assault is still an assault. It has the element of unwanted touching but there is no bodily injury or pain involved. That is different from a Class A misdemeanor assault which is characterized by the intentional assault and bodily injury on another which under Texas code is defined as inflicting pain.
For the simple assault cases, because they are Class C offenses, they are filed in one of two places in Lubbock County. They are filed in one of the four Justice of the Peace courts, all located at the Lubbock County Courthouse. If the State Patrol, the Department of Public Safety, Texas Tech University Police, the Sheriff’s Department or any other constables or any of the small towns within Lubbock issues a ticket, they are all going to go the Justice of the Peace, depending on the precinct. A precinct is simply decided on where the incident took place and there are four of them. For instance, if it is a Lubbock Police Department, all of those cases are filed in the Lubbock Municipal Court in downtown Lubbock.
It can be either a bench trial or jury trial. Even on a Class C offense in Texas, the person accused has the right to elect whichever trial they would prefer, and a simple assault lawyer in Lubbock can advise them on which is preferable based on the evidence and their case specifics.
Simple assault in Lubbock is a Class C Misdemeanor, with up to a $500 fine and as long as the accused shows up for court, they cannot go to jail. However, in regards to a Class C Misdemeanor, if it has anything to do with a domestic situation, even if there is not a finding of domestic violence, the conviction can be used against a person to enhance their punishment if they are ever accused again in the future.
It takes a prior conviction to get to a third-degree felony but there are cases where somebody has plead to a Class C Misdemeanor in a domestic assault and they try to use that to make the next case not a misdemeanor but a felony case. It is really important even on Class A Misdemeanors that individuals really know what they are doing and not just go down and pay the ticket, pay the fine, and move along down the road. A Lubbock simple assault attorney can help to fight their charge.
Long Term Consequences
There are a couple of reasons for concern of consequences for simple assault in Lubbock. First, in dealing with the issue of domestic assault, if a person pleads guilty and pays the fine, it can be used against them in the future. It is a crime of violence, so if a person is in the US and not a US citizen, they are here on a visa or some other legal documentation, that can cause them to lose that documentation. If they are waiting to apply for citizenship but they are not a citizen yet, it can cause them to not be able to apply.
The other issues that are concerning are, for example, people assuming the misdemeanor charge is only a fine and not a huge deal so they simply pay the fine but the misdemeanor is still reported to their criminal record. So, when their employer runs a criminal record they will see that they have been charged with a crime regarding some sort of assault case. Therefore it is always important to hire a Lubbock simple assault lawyer to ensure that the strongest defense possible is being built.