Houston, TX asked in Criminal Law for Texas

Q: I am a LPC in Texas and have been charged with assault on a 14 year old. Would that be a misdomeanor or felony?

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1 Lawyer Answer

A: In Texas, a "child" is anyone younger than 17 years of age. Under Texas Penal Code Sec.22.04(a)(3), if a person commits "bodily injury" to a child, they could face a felony charge. That said, the question is what the circumstances were. Was it your child? Did it occur in any sort of medical/psychiatric facility? What was the extent of the injury, if any? Are there pictures? And, of course, are you guilty? If you're not guilty, what motive does the child have to lie?

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