Legal Question in Criminal Law in Texas

My sister, while intoxicated, picked up a knife, while arguing with her fiancee's mother. Her fiancee walked into the room and told her put the knife down. She held on to it and told him not to come near her. He immediately grabbed both her arms, and while prying the knife from her hands, two of his fingers were cut, but not badly. The police were called, and she was arrested, so drunk she could barely walk. She's now in jail, and we're told she's facing 1st degree felony charges. If there was no serious physical injury, would this really be a 1st degree felony, or should it be a 2nd? And would her intoxication play a part in her sentencing? She is an alcoholic, and is in serious need of re-hab.


Asked on 3/19/12, 6:53 pm

1 Answer from Attorneys
Cynthia Henley Cynthia Henley, Lawyer

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person: (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse; (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; ...

So, it sounds like it should be a second degree felony - unless she has priors with which they have enhanced the charge.

Her lawyer will be able to figure out why the higher charge, if correct, and if not, have it reduced. My guess is that whomever is telling you that it is a first degree felony (if not enhanced) is simply mistaken.

Intoxication may play a part in sentencing - and it could be good or it could be bad.

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Answered on 3/19/12, 10:16 pm


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