Instead, this offense is defined as a subset of the standard assault law. Unlike higher level assault charges, a person can not recklessly commit the offense of assault by contact. To win a conviction for this crime, the prosecutor must prove, beyond a reasonable doubt, that the defendant was aware that his or her conduct was reasonably certain to cause offensive or provocative physical contact.
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If you are accused of assault by physical contact, it may be tempting to simply plead no contest, pay the fine, and move on. Fighting the charge when the maximum penalty is the equivalent of a traffic ticket may not seem worth the effort. But taking such a conviction lightly would be a mistake. These days, many organizations order criminal background checks on all serious job applicants and a surprising number of employers are also doing periodic checks on existing employees.
Another reason to fight the charge is that a conviction for Assault by Contact can increase future misdemeanor domestic assault cases to a third degree felonies. This potential escalation of charges never goes away, it applies you for the rest of your life. This is a serious concern if you have drama-prone people in your life.
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Rather than asking yourself if you can afford to fight a charge of assault by contact, you should ask yourself if you can afford to be permanently branded as a violent criminal. Any assault conviction or plea involving family or dating violence has additional consequences including losing the right to possess a firearm, problems getting a state-issued professional license and serious immigration issues for non-citizens.
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Charged with a Misdemeanor? Put a team committed to deliver aggressive advocacy and informed representation in your corner. Assault, burglary, resisting arrest and unlawful possession of a weapon are examples of class A misdemeanors. Prostitution and minor drug possession are examples of class B misdemeanors.
Traffic tickets, public intoxication, simple assault, criminal trespassing, and possession of drug paraphernalia are all class C misdemeanors. Statute of Limitations When a crime is committed, there is a statute of limitations that begins within which the state must pursue criminal prosecution.
Building Strong Defenses for the Criminally Accused Any criminal conviction, even a misdemeanor, can result in serious consequences including time in jail and expensive fines. Daniel Fort Worth, TX.lastsurestart.co.uk/libraries/work/288-cell-phone-surveillance.php
Texas Family Violence and Domestic Assault FAQ’s
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