Assault on an Elderly or Disabled Individual

Under Penal Code, Sec. 22.01(c)(1), assault by threats or offensive touching against an elderly or disabled person is charged as a Class A Misdemeanor. If you were arrested for or charged by information with the offense of assault of an elderly individual over 65 years of age or a disabled individual in Fort Worth or Tarrant County, TX, then contact an attorney at Law Offices of Richard C. McConathy.

The elements of assault that must be proven at trial beyond all reasonable doubt include proof that the defendant acted intentionally or knowingly to do the following:

  • threaten another person with imminent bodily injury, including the person's spouse;
  • causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative; and 
  • the victim is: 
    • an elderly individual who is 65 years old or older; 
    • a disabled individual.  

Under the assault statute, the term “elderly individual” is defined as any person 65 years of age or older. The statutory scheme for enhancements under the assault statute also defines the term “disabled individual” to mean a person older than 14 years of age who by reason of age or physical or mental disease, defect, or injury is substantially unable to protect himself from harm or to provide food, shelter, or medical care for himself.


Additional Resources

Chapter 22 Assaultive Offenses in Texas - Visit the website of the Texas legislature to find the complete statutory language in Chapter 22 for Assaultive Offenses under the Texas Penal Code including assault in Section 22.01, sexual assault in Section 22.011, aggravated assault in Section 22.02, aggravated sexual assault in Section 22.021, injury to a child, elderly individual or disabled individual under Section 22.04, or abandoning or endangering a child under Section 22.041.


Attorney for Assault against the Elderly or Disabled in Fort Worth, TX

If you were charged with intentionally or knowingly committing the offense of assault on an elderly individual or disabled individual, then contact an experienced criminal defense attorney at Law Offices of Richard C. McConathy. Often called "elder abuse," crimes of violence against people who are 65 years old or older are becoming more common.

Many of these cases involve a family member or relative. We know the best way to fight a false allegation of elder abuse by assault against a person over 65 years old or abuse against a disabled person. Call for a free consultation to discuss the charges against you. We can provide you with an aggressive defense to fight the charge during each stage of the case with the goal of getting the criminal charges dismissed completely.

Call (817) 422-5350 today.


This article was last updated on Monday, April 17, 2017.