In Texas, assaulting a pregnant person is not its own individual charge, but rather, is one of the many enhancements found under the assault statute in section 22.01 of the Texas Penal Code. The offense level will depend upon whether or not there was bodily injury.
The basic elements of assault are as follows:
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.
Normally, assault bodily injury under 22.01(a)(1) is a Class A misdemeanor, while assault under (a)(2) and (a)(3) are treated as Class C misdemeanors. If the assault is committed against a pregnant person, however, the charge may be enhanced.
To be treated as an assault against a pregnant person, the assault must be committed against pregnant individual under the following circumstances:
Under 22.01(a)(1): When the offender is aware that the person is pregnant at the time of the assault
or;
Under 22.01(a)(1), (2), & (3): To force the pregnant person to have an abortion
Bodily Injury
The law also outlines what qualifies as a bodily injury, defined as any illness, pain, or impairment of a physical condition. The terms are defined broadly in order to cover a range of acts. For example, you can be charged with this offense even when no visible injuries, hospital visits, or emergency medical care is required.
Penalties for Assault on a Pregnant Person in Texas
If the assault of a pregnant person was committed under 22.01(a)(1), i.e. causing bodily injury, then it will be treated as a third-degree felony in which you could face between two and 10 years in prison if you are found guilty. There is also a maximum fine of $10,000.
If on the other hand, the assault was only by threat or contact (but no bodily injury) then what would normally be treated as a Class C misdemeanor will be treated as a Class A misdemeanor, which carries a punishment range of up to a year in jail and maximum $4000 fine.
Defending an Assault on a Pregnant Person Charge
To convict someone of assault on a pregnant person, it must be proven that the defendant knew, or reasonably should have known, that the victim was pregnant. If the pregnancy was not obvious, or you were unaware of it, this could complicate the prosecution’s ability to demonstrate intent or knowledge. However, the law holds individuals accountable if they had reasonable awareness of the pregnancy at the time of the assault. A possible defense is proving that you did not know the alleged victim was pregnant.
Note: While this lack of knowledge is a defense to assault on a pregnant person, you could still face standard assault charges.
Talk to a Lawyer About Your Charges Today
When you work with Barton & Associates, Attorneys at Law, PLLC, you get the peace of mind that comes with knowing seasoned legal professionals are hard at work on your case. Before you consider a plea offer from the State, reach out to our firm today for a private consultation. We can answer your questions about all of your legal options.
