When a person is arrested and charged with assault in Texas, it's imperative that he or she understands what it was that happened that led to the accusations in order to formulate a strong defense. State laws are clear as to what constitutes an assault and the various levels that can lead to lesser and more significant charges and penalties. A person will be charged with assault under a number of circumstances. One is if he or she commits bodily injury to another person recklessly, knowingly or intentionally. Another is if the individual threatens imminent injury or causes physical contact with another when it can be viewed as provocative or offensive. This includes acts involving spouses.
The acts listed above are a Class A misdemeanor. If, however, the act is committed against a public servant performing an official duty, a person who meets the criteria of the state family code and if there was a prior offense or that offense was committed recklessly, knowingly or intentionally and breathing or circulation was stopped via blocking of the mouth or nose or pressuring the throat, it will be a third-degree felony. Other instances leading to a felony will be if the person is contracted by the government to perform certain services under the law and it happens while the person is engaged in performing the service under terms of the contract or if it is in retaliation of an employee's performance.