How To Prove A Texas Assault Claim
In Texas, a claim of Assault is defined as:
Assault refers to the intentional act of causing apprehension or fear of imminent physical harm or offensive contact in another person. It doesn’t necessarily involve physical contact or harm but revolves around the threat or attempt to cause harm. In Texas, the elements for Assault and Battery are identical. (See also Battery)
It simply means:
Making someone believe they are going to be physically harmed and following it up by touching.
There are 3 elements of the claim:
- Element 1. The defendant intentionally, knowingly, or recklessly made physical contact with another person or intentionally or knowingly threatened another with imminent bodily injury. The defendant either meant to, knew they were doing it, or acted carelessly when they touched someone else, or they threatened that person with immediate harm.
Facts that might support this element look like:
* The defendant approached the victim aggressively and pushed them with both hands, causing the victim to stumble backward.
* The defendant raised their fist and threatened to hit the victim, creating a reasonable fear of imminent bodily injury.
* The defendant grabbed the victim’s arm tightly, preventing them from leaving the situation and causing visible discomfort.
* The defendant shouted at the victim while advancing towards them, making it clear that they intended to cause harm.
* The defendant threw an object at the victim, striking them and resulting in a bruise on their arm. - Element 2. The defendant knew or should have reasonably believed the other person would regard the contact as offensive or provocative. This means that the person being accused of assault either knew or should have known that their actions would likely upset or anger the other person, making it reasonable for that person to feel offended or provoked by the contact.
Facts that might support this element look like:
* The defendant had previously been warned by the victim that their behavior was unwelcome and offensive.
* Witnesses observed the defendant making aggressive gestures towards the victim in a crowded setting.
* The defendant had a history of similar confrontations with others, indicating a pattern of provocative behavior.
* The defendant was aware that the victim had a known sensitivity to physical contact due to past experiences.
* The defendant’s actions occurred in a context where physical altercations were likely to provoke a strong emotional response. - Element 3. The defendant’s contact with the other person was offensive and insulting, or it resulted in actual physical harm. In an assault claim, this means that the defendant either said or did something that was hurtful or disrespectful to another person, or they caused that person actual physical injury.
Facts that might support this element look like:
* The defendant approached the plaintiff aggressively, invading their personal space and using derogatory language that caused emotional distress.
* During the encounter, the defendant shoved the plaintiff, resulting in visible bruising on the plaintiff’s arm.
* The defendant repeatedly yelled insults at the plaintiff, causing bystanders to intervene and express concern for the plaintiff’s safety.
* The defendant threw an object at the plaintiff, narrowly missing and causing the plaintiff to flinch in fear of being struck.
* The defendant’s actions led to the plaintiff experiencing anxiety and requiring medical attention for stress-related symptoms.
(See Waffle House, Inc. v. Williams, 313 S.W.3d 796, 801 n. 4 (Tex.2010). Loaisiga v. Cerda, 379 SW 3d 248 – Tex: Supreme Court 2012.)
If you’re in court without a lawyer and plan to assert a Claim of Assault, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make informed decisions about what to file at each phase of your case and prepare legal documents supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge to effectively navigate your Claim of Assault.
U.S. Civil Cases Only