An assault charge on campus can dramatically affect your schoolwork as well as your future. It can be brought forth against students in many different situations, occurring whenever there is a fight or disagreement between students, between students and staff, or between students and campus employees.
When a student is charged with a violent crime, such as assault, on or off campus in Lubbock, they will have a case brought against them that could subject them to criminal convictions, and if it is a felony, potential prison time, fines, and probation.
On campus charges could also result in a referral to the student code of conduct services and accident cases dealing with allegations of violence.If convicted on campus, under Title 9, a student must be removed or expelled from school. Additionally, protective orders could be put in place so they cannot enter into certain areas of the university.
A Lubbock student assault defense attorney can help you be aware of your rights, and offer you hope for the best possible outcome for the facts and circumstances of the case.
Classifications of Assault
An assault is any unwanted touching. For example, poking someone in the chest during an argument could be an unwanted touching. Class A misdemeanor assault is what is probably most often thought of as assault, hitting another individual. The Class C misdemeanor comes with a punishment of up to one year in the county jail and up to a $4,000 fine.
Texas has a simple assault charge classified as a Class C misdemeanor which is the lowest misdemeanor that a person can be charged with. Simple assault carries the possibility of a criminal record and a fine but not jail time.
When there is any type of a weapon involved such as a gun, knife, or bat, it is considered aggravated assault with a deadly weapon, which is typically a second-degree felony. Conviction of aggravated assault with a deadly weapon means the person could become a convicted felon, be sentenced up to 20 years in the Texas Department of Corrections, and receive up to a $10,000 fine.
Domestic Violence Assault
In Texas, there is also a domestic assault charge that is charged when the elements of assault are allegedly committed against a person with whom the defendant is dating, is a member of their household, or is a former member of their household. Student domestic assault cases are charged as either Class C or Class A domestic assault charges. If the individual has a prior conviction for domestic assault within the past 12 months, the charge will become a third-degree felony.
When there are allegations of violence between two people in an intimate relationship there are additional ramifications. If they were in the same class, the person accused may be required by the university to drop that class or not allowed to continue on at the school because of the allegation.
Common Assault Charges
Some of the most common violent crimes on campus involve assault, which can be a misdemeanor or a felony. There is aggravated assault which means that there was serious bodily injury or some sort of deadly weapon was used. A deadly weapon is defined in Texas not just as a knife or a gun, but anything that has the ability to inflict harm.
A DWI accident, where somebody is hurt, could include an intoxicated assault charge or aggravated assault with a deadly weapon, depending on certain parameters and how the district attorney files the case.
Oftentimes, when you have a mixture of alcohol and young people, some sort of an assault can occur. It is common to see disagreements between intoxicated individuals that lead to violence and fighting that can take place on-campus or off-campus.
Texas has several laws related to hazing that increase the punishment range. A hazing case can be a misdemeanor case or, even become a felony case if in certain situations.
Most campuses in Texas have a zero tolerance on hazing including Texas Tech University. When a student gets into trouble or is accused of hazing, they risk being convicted of a crime and being removed from school. Fraternities and sororities are subject to suspension and may be prohibited from being a social organization at the university because of hazing allegations.
How An Attorney Can Help
It is important for students to know that when they get in trouble with the law, there are two separate cases. There is the criminal case that can be brought by the Lubbock Police Department or the Texas Tech Police Department and the case will go to the Lubbock District Attorney’s Office for the State of Texas to charge the criminal case. The university will proceed with the on-campus case which is the Code of Student Conduct process.
At the Code of Student Conduct process, there is an internal investigation conducted by the student judiciary services. Students should know that due process applies. They have an absolute right to not answer questions without their Lubbock student assault defense lawyer. Defendants have an absolute right to present a case and, if they lose, to an appeal process.
It is very important that a student protects their future and gets an experienced student assault attorney in Lubbock to handle the criminal case and the interrelationship of the on-campus student code of conduct case.