ODESSA, Texas — The physical altercation between Ector County political candidates Donna Kelm and Carmen Wilhite has been the talk of the town.
Both claim to be victims of assault, so what classifies as a viable assault charge?
According to Ector County Sheriff Mike Griffis, just the slightest touch is enough to call it an assault charge - as long as the victim believes the contact was unwarranted.
“It can be as little as someone going up and touching somebody. If it is unwanted contact, that is a Class C misdemeanor assault by contact," Sheriff Griffis said. "You could go to jail or you could get a ticket, so if that contact was unwanted, you could potentially file charges on that person.”
This law wasn't just put into the books yesterday, as Sheriff Griffis said this law has been in effect for years.
“The state legislature put that law together. I don't know when it came into effect, but it's been law for at least 35 years," Sheriff Griffis said. "A lot of people are not aware of that.”
So why is it that just the slightest touch can get someone charged with assault?
When speaking with the sheriff, he said that it can actually be used to protect people who are in less than desirable situations and to prevent something worse from happening in the future.
“We use that law a lot in family violence situations, to save [the] mom from the rest of the night or whatever," Sheriff Griffis said. "We can arrest the perpetrator and put them in jail.”
With such a wide range of actions constituting an assault charge, the punishments for an offender are likewise dependent on the severity of the assault.
“If there's injuries or anything of that nature, it's a little higher charge, up to a Class A, then it goes higher as a felony," Sheriff Griffis said. "You just got to be selective about who you go up and contact and whether you touch them or not, physically.”