Daubertâs reception at the state court level has been mixed. As precedent, Daubert is not binding on state courts, but the Frye rule that it replaced was also a federal pronouncement that, over time, found adoption in most state courts as the general standard for admissibility of scientific evidence.
A person commits misdemeanor assault by improperly causing someone else to suffer a âphysical injury.â The injury must have been caused either intentionally or recklessly. Misdemeanor assault can also occur if a person negligently (carelessly) injures someone else by using a deadly weapon or dangerous instrument.
Assault is a criminal charge involving violence, so the prosecution is going to take it very seriously, especially if a weapon was used, or it resulted in injury. In Texas, assault carries eithermisdemeanor or felony level penalties and punishments in Texas, depending on the circumstances.