What is Aggravated Assault in Fort Worth, Texas?

Aggravated assault in Fort Worth City occurs when a person deliberately or with disregard causes serious bodily harm to another person or their spouse or uses or brandishes a deadly weapon during an assault. It is also engaging in unwanted touching or physical contact the other person would find offensive. 

To comply with the Texas Penal Code, the City of Fort Worth classifies aggravated assault as a second-degree felony where the victim suffered bodily injury. A first-degree felony occurs where the individual uses a deadly weapon to inflict severe physical harm that could cause impairment, permanent disfigurement, or death on another person. The offense is classified as a third-degree felony if committed in a civil commitment facility or against a Texas Civil Commitment Office officer while discharging their duties.

The Texas Penal code lists the punishment for aggravated assaults based on the classification of the assault. Convictions for aggravated assaults of the third degree are punishable by imprisonment for 2 to 10 years; second-degree felony is punishable with 2 to 20 years, and first-degree felony with 5 to 99 years or life imprisonment. There is also a fine not exceeding $10,000 for all classes of felony punishment.

The Fort Worth Police Department publishes crimes reported in the city and recorded 11,982 incidents of aggravated assaults in 2016 and 11,033 in 2020. Over the five years 

Aggravated assaults dropped by 7.9%.

What is Sexual Assault in Fort Worth City, Texas?

Sexual assault in Fort Worth City is knowingly and deliberately having sexual intercourse with a person without consent, including

• Penetration of the mouth, anus, or sexual organ
• Penetration of the sexual organ with an object
• Any form of sexual activity involving a minor
• Using force or violence to coerce a person into participating in sexual activity
• Sexual intercourse with an unconscious person or someone not capable of resisting
• Sexual intercourse with a mentally ill individual
• Sexual activity with an individual whose judgment is impaired by a controlled substance administered by the offender.

Sexual assaults are primarily second-degree felonies and only first-degree if the offender engages in sexual conduct with a family member related by blood, half-blood, or adoption. Forbidden from marrying or living with the victim. Punishment for second-degree sexual assault is 2 to 20 years imprisonment and 5 to 99 years for a first-degree sexual assault offender.

In 2016, the Fort Worth City Police Department recorded 971 sexual assault cases. In 2017, the number of cases increased to 1,100 but dropped significantly over the years. By 2020, the total number of cases recorded was 785. Over the five years, sexual assault cases decreased by 19.2%.

Youth offenders Statistics in Fort Worth City

When a minor commits a crime that an adult could go to jail for, then the minor engages in criminal activities. When this happens, the minor can be charged to a juvenile court where the type of punishment for the crime committed is decided. In situations where the minor commits a crime that the court deems enormous, the minor can be tried in an adult court.

Adjudication for a delinquent minor comes in three ways: 

• Probation: When a minor is placed under probation, the child is released on or before their 18th birthday.
• Committing the minor to the Texas Juvenile Justice Department for an unspecified sentence: A youth committed to the Juvenile Justice Department with an unspecified sentence is released on or before the youth turns 19.
• The minor is committed to the Texas Juvenile Justice Department with a Determinate Sentence: A minor who commits severe felony crimes can be moved to an adult prison when the youth turns 16.  Incarceration for a minor with a determinate sentence will depend on the extent of the assault committed. A third-degree felony conviction gets a jail term of up to 10 years. A youth convicted with a second-degree felony can be incarcerated up to 20 years, while a first-degree felony for crimes like aggravated sexual assault can get a jail sentence up to 40 years.

According to the Family Code, the offense a minor commits that can attract a determinate sentence includes aggravated assault, aggravated sexual assault, aggravated robbery, aggravated kidnapping, sexual assault. Others are murder, injury to an elderly, child or disabled, indecency with a child, and manslaughter.
A minor between the age of 14 and 17 may be tried in an adult criminal court if the crime committed is against a person, but before this is done, the court takes into consideration: 

• Does the minor have prior records?
• If the youth is a continuous threat to the public?
• Does the city have enough resources to rehabilitate the minor?
• How mature is the youth?

A youth convicted in an adult criminal court will get the same punishment as an adult but will not include the death penalty or life imprisonment although a youth adjudicated for aggravated sexual assault must register as with the Sex Offender Registration Program.

What Happens When You Press Charges Against Someone for Assault in Fort Worth City, Texas?

The defendant is required to appear in court if there is an assault charge filed against them. The Texas Penal Code lists all assaultive offenses including:

• Assaults
• Sexual assaults
• Indecent assaults
• Aggravated assaults
• Aggravated sexual assault
• Injury to a disabled or elderly individual or a child
• Abandoning or endangering a child
• Deadly conduct
• Terroristic threat
• Aiding suicide
• Tampering with consumer product
• Leaving a child in a vehicle
• Harassment of public servants or by persons in certain facilities.

A defendant has the right to defend an assault charge filed against them. By engaging the services of an experienced criminal defense lawyer, the defendant can rely on their attorney to prepare a comprehensive defense tailored to fight their assault charge.

• Necessity: A defense lawyer can argue the defendant's actions were necessary to avoid imminent harm, and the urgency or need to prevent the injury outweighed the damage done to the complainant.
• Insanity: The defense lawyer could show that at the time of the assault, the defendant was mentally ill and did not know his actions constituted an offense. 
• Self Defense: An individual has the right to [protect themselves from imminent harm if they believe the use of force is necessary. However, the use of force is not admissible if the response was to a verbal incitement alone or if the complainant provoked or consented to the use of force.
• Mistake of Law: Ignorance is not a defense in law. However, if the defendant's action relied on a written official statement of the law given by an agency charged by law to interpret the law in question, the defendant's mistake of law claim can lead to a guilty charge of a lesser offense.
• Intoxication: Willful intoxication is not a defense to an assault charge. However, if the defense can prove short-term insanity due to intoxication, the court can ascribe the penalty to a lesser offense.
• Duress: If the defendant was threatened or compelled by force to carry out the assault believing he or another person was in danger of death or serious bodily injury. However, the defense cannot claim this if the defendant put themselves in the situation that led to their being forced to execute the act. 
• Entrapment: The defense can prove that the defendant carried on the act because a law enforcement officer persuaded or enticed them to.
• Age: If the defendant was younger than 15 when he committed the crime, the defense can argue age. The Texas Penal Code asserts that a person may not be tried or convicted for a crime committed when he was younger than 15.
• Defense of Third Person: Texas Penal Code allows a person to use force to protect a third party if the defendant used such force to defend themselves and believed that intervening is necessary for the third party's safety.
• Protection of Property: A person is justified in using force to protect their property from unlawful interference or trespassers. Also, if a person is unlawfully disposed of their assets, the law allows them to use necessary force to re-enter or recover the property.

How Long Can You Go to Jail for Assault in Fort Worth City, Texas?

The punishment or sentence for assault-related offenses varies according to the type of assault and the class of crime they fall under - felony or misdemeanor. The penalties for the various assault charges include:

• Assaults: The offense is punishable by up to one year of jail time, fines of up to $4,000, or both.
• Sexual assaults: Sexual assault is a 2nd-degree felony punishable by 2-20 years in prison plus a fine of up to $10,000. It would be escalated to a first-degree felony if the offender were prohibited from marrying or engaging in sexual acts, punishable by 5 to 99 years imprisonment and a fine, not more than $10,000.
• Indecent assaults: A misdemeanor punishable by a fine of up to $4,000, a jail term not exceeding a year, or both.
• Aggravated assaults: Aggravated assaults are punishable by imprisonment for a minimum of 2 years and a maximum of 20 years, and a fine not exceeding $10,000 can also be imposed. If a deadly weapon is used, it becomes a felony punishable by a minimum of 5 years and a maximum of 99 or a life sentence. A fine can also be imposed.
• Aggravated sexual assault: Imprisonment for 5-99 years or life. In addition, the judge may include a fine of up to $10,000. If the offense is against a minor, the minimum term of imprisonment increases to 25 years.
• Injury to a disabled or elderly individual or a child: If the crime committed is intentional, it is punishable by life imprisonment or a sentence between 5-99 years. Where the offense is deemed as reckless, it is punishable by 2-20 years imprisonment. If the offense is committed knowingly by an employee in a licensed health center or facility, the crime is punishable by confinement in a state jail for six months to two years. For all categories, a fine of up to $10,000 applies.
• Abandoning or endangering a child: The punishment varies depending on the circumstances of abandonment. Punishment for a child left with the intention to return or the offender deserts the child and the child is in harm's way attracts six months to two years incarceration. If the offender leaves the child without the intent to return is punished by 2-20 years in prison. All jail terms may come with a fine below $10,000.
• Deadly conduct: Offense under this assault category, punishment is a jail term of less than one year and a $4,000 fine, or life imprisonment and a fine not exceeding $10,000. Charges are for a person reckless conduct causing severe bodily damage to another and discharging a firearm, respectively.
• Terroristic threat: The extent of the terrorist attack determines the penalty. It can be less than six months in jail and a fine, not more than $2,000, confinement in a state jail for six months to two years, or 2-10 years in prison and a fine up to $10,000.
• Aiding suicide: This is punishable by a fine not more than $500 or six months to two years incarceration and a fine not exceeding $10,000.
• Tampering with consumer products: Offense under this category attracts life imprisonment or a sentence of between 5 to 99 years, 2 to 20 years in prison, or 2-10 years in prison. The court can also impose a fine not exceeding $10,000.
• Leaving a child in a vehicle: Imprisonment of not more than six months, a fine not more than $2,000, or both.
• Harassment of public servants or by persons in certain facilities: It is punishable by imprisonment of 2 to 10 years and may pay a fine not more than $10,000. 

Simple Assault vs. Aggravated Assault in Fort Worth City, Texas

A simple assault in Fort Worth City means that a person deliberately or carelessly threatened to cause harm or caused bodily injury to another person. There may or may not be physical contact, and physical contact can be regarded as assault even if it didn't result in violence. Simple assaults are Class A misdemeanor offenses punishable with up to a one-year jail term or a fine up to $4,000.

Aggravated assaults imply that a person caused significant bodily injury or used or displayed a deadly weapon during an assault. Significant body injury means that the injury could lead to disability, impairment, disfigurement, or even death. It is a second-degree felony punishable with 2 to 20 years imprisonment and a fine of up to $10,000.