Penalties for Assault in Texas

Assault charges in Texas carry consequences that extend far beyond fines and jail time. A conviction can derail your career, strain relationships with family and friends, and follow you for years through background checks and public records. Whether you're facing a misdemeanor threat charge for simple assault or a serious felony aggravated assault, the penalties for assault in Texas demand experienced, aggressive defense.

At Turnbull Legal Group, we've defended countless clients against criminal charges across Harris, Brazos, and Montgomery Counties, and we’re prepared to defend your life, too. As a former State District Court Judge and Chief Prosecutor, Ned Turnbull has evaluated these cases from the bench, prosecuted them from the State's side, and now defends them with the strategic insight that comes from seeing every angle.

That means defense strategies tailored to how local judges actually make decisions and how prosecutors build their cases. Ready to safeguard your future? Put a judge in your corner; call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to get started.

What is the lowest charge of assault?

The lowest level of assault in Texas is a Class C misdemeanor, which applies when someone threatens another person with bodily injury or causes physical contact that the other person will reasonably find offensive or provocative. Low-level assault doesn't require actual physical harm — or even any physical contact — just the threat of harm or unwanted physical contact.

Common scenarios that result in Class C assault charges include:

• Bar altercations in which someone threatens violence without following through
• Pushing or shoving during heated arguments
• Spitting on someone
• Other confrontational physical contact that doesn't result in injury

While these situations may seem trivial, Texas law treats any unwanted physical contact or threat seriously, and prosecutors often pursue these cases aggressively.

Despite being the “least serious” assault classification, a Class C misdemeanor assault still appears on your criminal record and can create complications with employment, professional licensing, and housing applications. A criminal conviction of any kind is often the first domino that falls, the ripple effect of which can be felt in every corner of your life for years to come. 

What is aggravated assault in Texas? How does it differ from assault?

Aggravated assault is a serious escalation from simple assault charges because it is always charged as a felony offense. This is why the distinction between the two matters enormously — while simple assault might result in months of jail time, a conviction for aggravated assault can mean years or even decades in state prison.

Texas law defines aggravated assault as assault that involves either:

• Serious bodily injury to another person; or
• The use or exhibition of a deadly weapon during the commission of the assault. 

Serious bodily injury means harm that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.

A deadly weapon can be anything designed to cause death or serious bodily injury, or anything used in a manner capable of causing death or serious bodily injury — including firearms, knives, vehicles, or even everyday objects wielded as weapons.

The prosecution doesn't need to prove you intended to cause serious injury. They only need to show that you acted knowingly, intentionally, or recklessly in causing the injury or using the weapon. This distinction matters because cases involving aggravated assault with a deadly weapon often turn on questions of intent and recklessness rather than simply what happened during the incident.

Protected classes in Texas assault cases

Additionally, certain victims receive special protection under Texas law. When aggravated assault (involving serious bodily injury or a deadly weapon) is committed against these protected classes, the charges escalate from a second-degree felony to a first-degree felony:

As well as elevating felony aggravated assault penalties, these protected classes can also turn what would normally be a misdemeanor assault into a felony assault charge. When these enhanced charges apply, the stakes become exponentially higher, and building a strong defense becomes even more urgent.

Continue reading: What is aggravated assault?

Types of assault charges under the assault Texas Penal Code

Texas recognizes several categories of assault under Texas Penal Code § 22.01, each with its own elements, penalties, and applicable defenses. 

Simple assault in Texas

Simple assault occurs mainly in three distinct scenarios under Texas Penal Code Section 22.01, though the severity varies based on the specific circumstances and the victim's identity.

The three main ways to commit simple assault in Texas are:

• Assault by bodily injury: This occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person. Bodily injury means physical pain, illness, or any impairment of physical condition.
• Assault by threat: When someone intentionally or knowingly threatens another with imminent bodily injury, they can be charged with assault even if no physical contact occurs. The threat must be immediate — vague future threats typically don't meet this standard — and the prosecution must prove the victim reasonably believed the threat was real and immediate.
• Assault by offensive contact: This involves intentionally or knowingly causing physical contact with another person when you know or reasonably should know that the person will regard the contact as offensive or provocative. This doesn't require injury or even significant force — unwanted touching, pushing, or spitting can all constitute offensive contact assault.

Simple assault can be charged as a Class C, Class B, or Class A misdemeanor, depending on your criminal history, the circumstances of the assault, and the identity of the victim. 

While these charges may seem straightforward, they are anything but simple. They often involve complex questions about intent, the reasonableness of perceived threats, and whether the contact was truly offensive. These cases frequently come down to credibility battles between the accused and the alleged victim, which is why having a skilled attorney in your corner is essential.

Aggravated assault in Texas

Aggravated assault turns a simple assault into a felony charge through two primary aggravating factors:

• Serious bodily injury cases: When an assault causes serious bodily injury, Texas law treats it as a second-degree felony. Serious bodily injury goes beyond bruises or minor cuts; it involves injuries that create substantial risk of death, cause serious permanent disfigurement, or result in protracted loss or impairment of any bodily organ or member. 
• Deadly weapon cases: Using or exhibiting a deadly weapon during an assault constitutes aggravated assault, even if no serious injury results. Texas defines deadly weapons broadly — not just firearms and knives, but any object capable of causing death or serious bodily injury when used in a threatening manner. We've seen cases where vehicles, baseball bats, tools, and even heavy household objects have been classified as deadly weapons based on how they were used.

Aggravated assault charges carry substantially higher penalties and require aggressive defense strategies from the outset. If you’ve been charged with aggravated assault, you need a Houston criminal defense lawyer working on your defense yesterday.

Aggravated assault can be charged as a first- or second-degree felony, depending on your criminal history, the circumstances of the assault, and the identity of the victim. 

The prosecution doesn't need to prove you intended to cause serious injury or death. They only need to show that you acted knowingly, intentionally, or recklessly. This means cases where injuries were accidental or where you were defending yourself can still result in aggravated assault charges if the prosecutor believes the elements are met.

Domestic assault in Texas

Texas doesn't have a specific crime called "domestic assault," but assault charges involving family members, household members, or dating partners carry enhanced penalties under the state's family violence statutes. 

A family violence charge in Texas applies when assault occurs between:

• Current or former spouses
• Parents of the same child
• Family members related by blood, marriage, or adoption
• Current or former dating partners
• Household members currently or formerly living together

When assault involves any of these relationships, the charge is considered a family violence charge, which triggers several serious consequences even before conviction. Courts often issue emergency protective orders immediately after arrest, prohibiting contact with the alleged victim and sometimes requiring you to move out of your own home. Protective orders can remain in effect throughout the case and may be extended for years after resolution.

Family violence charges can be charged as a Class A misdemeanor or a third-degree felony, depending on your history of family violence and the circumstances of the assault. 

Domestic assault cases also face unique procedural challenges. Although alleged victims often recant their statements or refuse to cooperate with prosecution, Texas prosecutors frequently move forward with charges anyway using police reports, 911 recordings, photographs, and other evidence. The State isn't required to dismiss charges just because the alleged victim no longer wants to press charges.

If you're facing domestic assault charges, working with a Houston domestic violence lawyer who knows these unique dynamics is absolutely essential. 

What is the punishment for assault in Texas?

Texas assault penalties vary dramatically based on the charge level, aggravating circumstances, and your criminal history. While the following chart will vary depending on aggravating factors and your history with violent crime, it can give you an idea of what you’re facing.

These sentencing ranges show the maximum punishment allowed by law, but actual sentences vary significantly based on case-specific factors. In some cases, defendants may be eligible for probation instead of prison time, even on felony charges. However, probation for assault typically comes with strict conditions including anger management classes, substance abuse treatment, community service, restitution payments to victims, and regular reporting to a probation officer.

How to beat an assault charge in Texas

The best defense to your assault charge will depend on the case-specific facts of your assault charge, the evidence against you, and the court system in which your case will be heard. While every case is different, there are some common defense strategies used in reducing or dismissing assault charges.

Self-defense

Texas self-defense laws allow you to use reasonable force to protect yourself from another person's use or attempted use of unlawful force. You have no duty to retreat before using force to defend yourself. Self-defense claims require showing that you reasonably believed force was immediately necessary to protect yourself, that you didn't provoke the other person, and that the force you used was proportional to the threat you faced.

Defense of others

Similar to self-defense, Texas law permits you to use reasonable force to protect another person from unlawful force. This defense applies even if the person you're protecting is a stranger, as long as your belief that they needed protection was reasonable under the circumstances.

Defense of property

You can use reasonable force to protect your property from theft, damage, or trespassing. The force must be immediately necessary, and you must reasonably believe that force is required to prevent the interference with your property.

Lack of intent

Assault requires that you acted intentionally, knowingly, or recklessly. If the physical contact was purely accidental and you weren't acting recklessly, you may have a complete defense. However, proving lack of intent requires showing you weren't aware of the risk of harm and weren't consciously disregarding a known risk.

False accusations

Unfortunately, false assault allegations occur frequently, particularly in domestic situations involving custody disputes, divorce proceedings, or relationship conflicts. Successfully demonstrating that the alleged victim fabricated accusations often results in case dismissal.

Challenging the prosecution's evidence

Even when defenses like self-defense don't fully apply, attacking weaknesses in the State's case can lead to reduced charges or acquittal. Experienced defense attorneys look for evidentiary problems that make it impossible to prove guilt beyond a reasonable doubt.

Common evidentiary challenges in assault cases include:

• Insufficient evidence of injury
• Credibility issues with the alleged victim
• Witness contradictions
• Illegal search or arrest
• Missing or destroyed evidence

Beyond these defenses that skilled assault attorneys use to win cases, it’s essential that your attorney is familiar with the local court system in which you’re charged. Every courthouse has its own culture, unwritten rules, and patterns in how judges and prosecutors handle cases. Understanding these local dynamics can provide a tactical advantage for the defense. 

Charges for assault in Texas are serious. Protect your future with Turnbull Legal Group.

Charges for assault in Texas carry consequences that extend far beyond the courtroom, whether you’re facing penalties for misdemeanor or felony assault. A conviction affects your freedom, your career, your relationships, and your future opportunities. The earlier you involve a trusted attorney, the more options you'll have for protecting your rights and minimizing the impact on your life.

Whether you need a Houston criminal defense lawyer, a Conroe criminal defense lawyer, or a Criminal defense attorney in Bryan, TX, having an attorney with deep local court knowledge can give you a significant advantage in fighting assault charges. We've defended hundreds of clients against criminal charges across Harris, Brazos, and Montgomery Counties. We know how the local judges work, understand how different prosecutors approach negotiations, and have built relationships in these courts over decades of practice. 

If you're facing assault charges, contact Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to get started. We'll review your case, explain your options, and develop a defense strategy tailored to your specific situation and the court where your case will be heard. Don’t leave your future to chance. Call now and get defense from every angle.

More Helpful Articles by Turnbull Legal Group:

• When Does Robbery Become Aggravated Robbery in Texas?
• Taking Advantage of Your Miranda Rights When Arrested in Texas
• Penalties for Sexual Assault Convictions
• How Does Texas Define Domestic Violence Penalties?
• Protecting Your Rights: Navigating Domestic Violence Charges in Texas

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