Fighting in public is a crime in Texas and can be punished by jail time.
Man Opens Fire in 20-Person Brawl at Privat Club
San Antonio Express-News reported a massive fight broke out between twenty individuals at a bar near UTSA just before 1:30 a.m. on Thursday, May 18, 2023. The police were called due to a fight that broke out between two groups of ten people, who were pushed outside by security and bouncers. The fight escalated, and before police were able to arrive at the scene, one man pulled a gun and fired into the crowd. One man was hit in the chest and died in the hospital, and three others were injured. The gunman and one injured man fled the scene, and no arrests have been made at this time.
Did You Know?
Nine hundred six thousand nine hundred eighty people were arrested on simple assault charges in 2020 alone.
Assault and Aggravated Assault in Texas
Many people wonder if they can go to jail for fighting with someone in public in Texas. Texas law stipulates that intentionally fighting or starting a fight with another person in public is classified as disorderly conduct and is a crime categorized as a Class C Misdemeanor. Simple assault is also typically a Class C Misdomenor, but the charges may change depending on previous criminal records or other situations surrounding the incident. Simple assault – bodily injury occurs if any of the following conditions exist:
- A person threatens another with imminent bodily injury
- A person causes physical contact with someone else, knowing that the action will be considered offensive or provocative.
- A person knowingly, intentionally, and recklessly causes injury to someone else.
The first two of those scenarios are considered a Class C Misdemeanor in Texas, and the last scenario would be classified as a Class A Misdemeanor unless special circumstances increase the charge.
Aggravated Assault is different from simple assault. In order for assault to be considered aggravated assault, the following conditions must exist:
- A person causes serious bodily injury to any individual, including the person’s spouse.
- A person uses or displays a deadly weapon during the altercation.
Aggravated assault is a second-degree felony, including if it is against a family member. Class C Misdemeanors are punishable by a fine of up to $500, a Class B Misdemeanor is punishable by 180 days in jail or a fine of $2,000 (or both), and a second-degree felony is punishable by two to 20 years in prison and a fine of up to $10,000.
Building a Defense
If you were convicted of a crime for fighting in public, there could be circumstances that influenced the fight that could possibly help you raise a defense.
- Self-Defense – If you engaged in conflict in order to defend yourself from unprovoked aggression, self-defense may be used as a defense.
- Defending a Third Party – If you engaged in conflict to protect a vulnerable third party, this may be used as a defense.
- Justifiable Action – If you engaged in conflict to stop an aggressor from trespassing or unlawful interference with a property, this may be used as a defense.
The only way to know for sure what legal options are available to you in any of these scenarios is to contact an experienced criminal defense attorney in San Antonio.
Contact Carabin Shaw
If you are facing an assault charge in San Antonio, contact Carabin Shaw’s criminal defense attorneys today. Carabin Shaw attorneys are determined to gather the resources necessary to create the most favorable outcome possible for their clients, so contact our team today at 800-862-1260 for a free case evaluation.