There are different degrees of assault charges. Some people face aggravated assault charges or domestic violence allegations. Unique details, such as the presence of a weapon or the relationship between the parties involved, can influence how the state handles an assault case.
There are actually multiple ways that the state defines assault. Confusion about what actually constitutes assault can lead to unexpected charges brought against people who may not have actually harmed another person physically.
Could conversations or messages on social media potentially provide the basis for Texas assault charges?
Credible threats could warrant prosecution
Intentionally injuring another person or engaging in offensive bodily contact can lead to assault charges. These are the two definitions of assault that most people know, but the law includes a third definition.
The state can also prosecute people who put others in fear for their safety. Threatening language on social media could lead to assault charges. Direct messages, comment threads that get out of control and even personal status updates could leave people fearing for their safety.
If other reasonable adults might fear for their safety given the context of the conversation or post, then the situation could meet the standard necessary for prosecution. The state may be able to pursue assault charges even though the interactions were mostly or entirely digital.
Those facing assault charges based on allegations of threats as opposed to physical violence may need to develop a different defense strategy than those prosecuted after an in-person altercation. Fighting violent criminal charges, including assault charges, may lead to defendants avoiding convictions that could otherwise alter their lives permanently.