Assault on Elderly in Corpus Christi: Defending Against Enhanced Charges That Can End Your Freedom

A dispute with an elderly family member, a caregiver, or a neighbor can escalate in an instant. What might have been a simple argument becomes a criminal charge. But when the alleged victim is 65 years of age or older, the stakes rise dramatically. Under Texas law, assault against an elderly person carries enhanced penalties that can turn a misdemeanor into a felony, increase potential prison time, and trigger mandatory family violence designations that affect custody, firearm rights, and your future. A single allegation—even one that is exaggerated or false—can result in years in prison, a permanent felony record, and the loss of fundamental rights. When you are facing charges of assault on an elderly person, you need a defense attorney who understands the gravity of the accusation and will fight to protect your freedom.

At Barton & Associates, Attorneys at Law, we defend individuals throughout Corpus Christi and the Coastal Belt who are charged with assault on an elderly person. Whether the allegation arose from a family dispute, a caregiving situation, or a misunderstanding, we provide the aggressive, knowledgeable representation you need to protect your rights. With extensive experience in the Nueces County criminal courts, we guide our clients through every stage of the defense process.

Understanding Assault on an Elderly Person

Under Texas law, assault on an elderly person is not a separate crime, but rather an enhancement of the offense of assault. When the alleged victim is 65 years of age or older, the assault is elevated to a higher level of offense with more severe penalties.

The offense applies when a person commits assault against another person whom the actor knows is 65 years of age or older at the time of the offense. The knowledge requirement is critical—the state must prove that you knew or should have known the person was elderly.

The enhancement applies to all forms of assault:

• Assault causing bodily injury: Intentionally, knowingly, or recklessly causing bodily injury to another

• Assault by threat: Intentionally or knowingly threatening another with imminent bodily injury

• Assault by offensive contact: Intentionally or knowingly causing physical contact with another that is reasonably offensive or provocative

How Age Enhances the Penalties

The presence of an elderly victim significantly increases the severity of the offense:

Simple Assault

• Standard simple assault: Class A misdemeanor (up to 1 year in jail, up to $4,000 fine)

• Assault on elderly person: Third-degree felony (2 to 10 years in prison, up to $10,000 fine)

Assault Causing Bodily Injury (with prior family violence convictions)

• Standard: Third-degree felony (2 to 10 years)

• Assault on elderly with prior family violence: Second-degree felony (2 to 20 years)

Continuous Violence Against the Family

• Standard: Third-degree felony (2 to 10 years)

• Involving an elderly person: Enhanced to second-degree felony (2 to 20 years)

Why the Legislature Created This Enhancement

The Texas Legislature made assault on an elderly person a felony because of the unique vulnerability of elderly individuals. The law recognizes that:

• Elderly individuals are particularly vulnerable: They may have diminished physical capacity to defend themselves

• Caregiver relationships are unique: Many assaults on elderly individuals occur in caregiving relationships where the victim depends on the accused

• Deterrence is critical: The enhanced penalties are intended to deter violence against elderly persons

• Protecting our elders is a societal priority: The elderly have contributed to our communities and deserve protection

How These Charges Arise

Assault on an elderly person charges can arise in various contexts:

Family Disputes

Arguments between adult children and elderly parents can escalate into physical altercations. A push, a grab, or any physical contact can result in assault charges—enhanced because of the parent’s age.

Caregiving Situations

Family members caring for elderly relatives may become frustrated or overwhelmed. In moments of stress, they may act in ways they regret. A charge of assault on an elderly person can follow.

Nursing Home and Assisted Living Facilities

Staff members at nursing homes, assisted living facilities, or other elder care facilities may be accused of assaulting residents. These charges can result in both criminal prosecution and loss of professional licenses.

Disputes with Neighbors or Acquaintances

Arguments with elderly neighbors or acquaintances can escalate into physical confrontations. The victim’s age can elevate what might have been a misdemeanor into a felony.

False Allegations

Unfortunately, false allegations of assault are not uncommon, particularly in the context of family disputes, inheritance issues, or custody of elderly relatives. Alleging assault can be a tool to gain leverage in family court or to influence caregiving arrangements.

Defending Against Assault on an Elderly Person Charges

A strong defense can mean the difference between a felony conviction and an acquittal. Common defense strategies include:

Challenging Knowledge of Age

The state must prove that you knew or should have known the person was 65 years of age or older at the time of the alleged offense. Defenses include:

• You did not know the person’s age

• The person did not appear to be elderly

• You were not told about the person’s age

• The person was not actually 65 or older at the time of the alleged offense

Challenging the Assault Allegations

Your attorney may challenge:

• Whether the alleged assault occurred at all

• Whether you acted intentionally, knowingly, or recklessly

• Whether the alleged contact was accidental

• Whether the alleged victim’s account is credible

• Whether the alleged injuries are consistent with the account

Self-Defense

If you acted in self-defense, you may not be guilty. Self-defense requires that:

• You reasonably believed you were in imminent danger of bodily injury

• You used only the amount of force necessary to protect yourself

• You did not provoke the confrontation

Even if the other person is elderly, you have the right to defend yourself from an attack.

Defense of Others

Similarly, you may have the right to defend another person who was in danger.

Caregiver Stress and Mitigation

If you were a caregiver under significant stress, your attorney may present evidence of:

• The challenges of caring for an elderly relative

• Your otherwise good character and history of care

• The absence of prior incidents

• Steps you have taken to address caregiver stress

False Allegations

If the allegations are false, your attorney can investigate and present evidence of:

• Inconsistencies in the alleged victim’s statements

• Motives to lie (inheritance disputes, custody of elderly relatives, family conflict)

• Witness testimony contradicting their account

• Evidence of prior false allegations

• Text messages, emails, or social media posts showing the alleged victim’s state of mind

Medical Evidence

Medical records can be critical in assault cases. Your attorney will obtain:

• Emergency room records

• Physician notes

• Photographs of any injuries

• Medical opinions about the cause of any injuries

If there are no medical records documenting injuries consistent with an assault, that may support your defense. If injuries are present, your attorney may argue they were caused by something other than an assault, such as a fall or medical condition.

The Consequences of a Conviction

A conviction for assault on an elderly person carries severe consequences:

Criminal Penalties

• Prison time: Two to ten years (or two to twenty years for enhanced offenses)

• Fine: Up to $10,000

• Probation: In some cases, community supervision may be available, but often with strict conditions

Family Violence Designation

Assault on an elderly person is classified as a family violence offense when it occurs between family members, household members, or persons in a dating relationship. This designation triggers additional consequences:

• Loss of firearm rights: A family violence conviction results in loss of the right to possess firearms under both state and federal law (Lautenberg Amendment)

• Child custody presumption: A finding of family violence creates a presumption that the abusive parent should not have custody or unsupervised visitation

• Protective orders: The court may issue a protective order restricting your contact with the alleged victim

• Immigration consequences: For non-citizens, a family violence conviction can result in deportation

Collateral Consequences

Beyond the criminal penalties, a conviction can affect:

• Employment: Many employers will not hire individuals with violent felony convictions, particularly those involving vulnerable populations

• Professional licensing: Licensing boards for healthcare workers, caregivers, and other professions may deny or revoke licenses

• Caregiver eligibility: A conviction can disqualify you from serving as a caregiver for elderly or vulnerable individuals

• Housing: Landlords often deny rental applications to individuals with felony records

• Military service: A felony conviction results in separation from military service

• Reputation: The stigma of a conviction for assault on an elderly person can damage personal and professional relationships

Protective Orders and Bond Conditions

When you are charged with assault on an elderly person, the court will typically impose strict bond conditions, including:

• No contact with the alleged victim: This includes in-person, phone, text, email, and social media contact

• Surrender of firearms: You may be required to turn over any firearms you possess

• GPS monitoring: You may be required to wear a GPS ankle monitor

• No alcohol or drugs: You may be required to submit to testing

• No unsupervised contact with elderly individuals: The court may impose restrictions on your interactions with elderly persons

Violation of these conditions can result in revocation of bond and additional time in jail.

The Assault on Elderly Case Process

Understanding the process can help you navigate your case:

Step 1: Arrest

If law enforcement responds and believes that assault occurred, they will make an arrest. If the alleged victim is 65 or older, the charge will be elevated to a felony.

Step 2: Filing of Charges

The district attorney reviews the case and decides whether to file formal charges. Given the seriousness of the offense, charges are often filed even when the alleged victim does not want to cooperate.

Step 3: Arraignment

At arraignment, you are formally advised of the charges and enter a plea (usually not guilty). The court sets bond conditions.

Step 4: Protective Order Hearing

A protective order hearing may be held separately from the criminal case. At the hearing, the alleged victim seeks a protective order that can last up to two years. You have the right to be represented by counsel and to present evidence.

Step 5: Discovery

Your attorney obtains discovery from the prosecutor, including:

• Police reports

• Witness statements

• 911 call recordings

• Medical records

• Body camera footage

• Photographs

• Evidence of the victim’s age

Step 6: Negotiation

Your attorney negotiates with the prosecutor to seek a favorable resolution. Options may include:

• Dismissal of charges

• Reduction to a lesser offense (simple assault without the age enhancement)

• Deferred adjudication

• Pretrial diversion

Step 7: Trial

If no agreement is reached, the case proceeds to trial. You have the right to a jury trial. The state must prove each element of the offense beyond a reasonable doubt, including that you knew the person was 65 or older.

Frequently Asked Questions About Assault on Elderly

What is assault on an elderly person in Texas?

It is an enhancement of the assault statute that applies when the alleged victim is 65 years of age or older. The enhancement raises the offense from a misdemeanor to a felony.

Is assault on an elderly person a felony in Texas?

Yes. Assault on an elderly person is a third-degree felony, punishable by two to ten years in prison. If there are prior family violence convictions, it can be a second-degree felony with two to twenty years in prison.

Can I go to jail if the alleged victim was elderly but I did not know?

The state must prove that you knew or should have known the person was 65 or older. If you genuinely did not know, and the person did not appear elderly, you may have a defense.

What if the alleged victim was not actually 65 or older?

If the person was not 65 or older at the time of the alleged offense, the age enhancement does not apply. Your attorney can obtain records to verify the victim’s age.

Can I lose my guns for assault on an elderly person?

Yes. If you are convicted of assault on an elderly person in a family violence context, you will lose your right to possess firearms under federal law. This applies even if the offense did not involve a weapon.

How does assault on an elderly person affect custody?

A finding of family violence creates a presumption that the abusive parent should not have custody or unsupervised visitation. This presumption can be overcome with evidence of rehabilitation.

What is the difference between simple assault and assault on an elderly person?

Simple assault is generally a Class A misdemeanor. Assault on an elderly person is a third-degree felony. The key difference is the age of the alleged victim.

Can I get probation for assault on an elderly person?

In some cases, yes. Deferred adjudication or probation may be available, particularly for first-time offenders and when the circumstances are mitigating. However, probation conditions are often strict.

What should I do if I am falsely accused of assault on an elderly person?

Do not speak to law enforcement without an attorney. Gather any evidence you have, including text messages, emails, and witness information. Contact an experienced criminal defense attorney immediately.

Do I need an attorney for assault on an elderly person charges?

Yes. Assault on an elderly person is a felony that can result in years in prison, loss of firearm rights, and permanent damage to your reputation. An experienced criminal defense attorney can help you understand your rights, challenge the evidence, and protect your future.

Why Barton & Associates Is the Right Choice for Your Defense

Assault on an elderly person is one of the most serious charges in the Texas Penal Code. A conviction can result in years in prison, loss of your firearm rights, and a permanent felony record that affects your ability to work, own a home, and be with your family. At Barton & Associates, Attorneys at Law, we have extensive experience defending individuals against these charges in the Nueces County criminal courts.

Our attorneys understand the legal standards, the medical evidence, and the strategies for challenging allegations of assault on an elderly person. We work closely with our clients to investigate the facts, gather evidence, and develop a defense strategy tailored to the unique circumstances of each case.

We also understand that these cases often arise in the context of family stress and caregiving challenges. Our attorneys approach these cases with professionalism and compassion, helping our clients navigate the legal system while protecting their rights and their future.

Protect Your Freedom and Your Future Today

If you are charged with assault on an elderly person, your freedom and your future are on the line. A conviction can result in years in prison, loss of your firearm rights, and a permanent felony record. Do not wait. The decisions you make now will determine the outcome of your case.

Contact the experienced criminal defense attorneys at Barton & Associates today. Call us directly at 361-800-6780 to speak with a member of our team. You may also complete the Free Consultation form on our website, and we will reach out to you promptly. Please note that all on-site consultations at our Corpus Christi office are by appointment only, ensuring that we can give your case the focused attention it requires.

Reach out today—let us help you defend against assault on an elderly person charges and protect your future.

Main Category: Criminal Defense Corpus Christi
Practice Area Category: Domestic Violence
Barton & Associates, Attorneys at Law
5110 Wilkinson Dr Suite 210, Corpus Christi, TX 78415
Office: 361-800-6780