Assault Charges in Texas: Penalties and Defenses

Facing assault charges in Texas is a serious matter, as they carry serious consequences, including fines, imprisonment, and lasting impacts on your personal and professional life. Whether you’re accused of simple assault or a more severe felony, it’s critical to understand the legal framework and your options. At the Law Office of David D. White, PLLC, we’re here to provide the guidance you need during this challenging time.

What Constitutes Assault in Texas?

Under the Texas Penal Code (§ 22.01), assault includes intentionally causing bodily injury to another person, threatening someone with imminent bodily harm, or engaging in offensive or provocative physical contact. While often confused with battery, the state’s law treats this as a broader offense that may include threats of harm or non-injurious physical contact. Assault and battery, though related, have distinct definitions under the law.

Types of Assault Charges in Texas

Assault charges in Texas are classified as misdemeanors or felonies, depending on the seriousness of the alleged offense and the circumstances involved.

Misdemeanor Assault: Class C, B, and A

• Class C Misdemeanor Assault: Typically involves offensive or provocative physical contact, such as a shove or slap, with no resulting injuries. Penalties include fines up to $500.
• Class B Misdemeanor Assault: Rare for most cases but may apply to certain situations, such as threats made against a sports official during a game. Penalties include up to 180 days in jail and fines up to $2,000.
• Class A Misdemeanor Assault: Includes cases where bodily injury occurs but does not meet the criteria for a felony. This charge can result in up to one year in jail and a fine of up to $4,000.

Felony Assault: Third, Second, and First Degree

• Third-Degree Felony: This usually involves bodily injury to a public servant, emergency personnel, or a family member in a domestic violence case that is either enhanced because of a prior family violence finding or allegations of strangulation. Penalties include 2 to 10 years in prison and fines up to $10,000.
• Second-Degree Felony: Includes aggravated assault, such as causing serious bodily injury or assault with a deadly weapon. Punishable by 2 to 20 years in prison and fines up to $10,000.
• First-Degree Felony: Reserved for the most severe cases, such as assaults involving serious injuries to law enforcement or repeated domestic violence offenses. Punishments include 5 to 99 years in prison and significant fines.

Aggravated Assault and Serious Bodily Injury

Aggravated assault occurs when a person causes harsh bodily injury to another or uses a deadly weapon during the event. Serious bodily injury is defined as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in the loss of a physical function.

Understanding Assault with a Deadly Weapon

Using or exhibiting a deadly weapon, such as a firearm or knife, during an assault automatically escalates the charge to aggravated assault, even if no injury occurs. A deadly weapon can also include objects not typically considered weapons if they are used in a manner likely to cause harm.

Penalties and Consequences of Assault Charges in Texas

Penalties for these charges depend on the type and severity of the offense. Consequences can range from minor fines to decades of imprisonment. Beyond legal penalties, an assault conviction can damage your reputation, limit job opportunities, and affect your relationships.

For example:

• Misdemeanor convictions may result in limited jail time or fines but still create a criminal record that can be difficult to expunge.
• Felony convictions can lead to lengthy prison sentences, significant fines, and the loss of certain civil rights, such as voting or owning firearms.

Common Defenses Against Assault Charges in Texas

If you’re facing assault charges, several defenses may apply to your case, depending on the circumstances:

• Self-Defense: You acted to protect yourself from harm.
• Defense of Others: You used reasonable force to protect someone else from harm.
• Mistaken Identity: You were wrongly identified as the perpetrator.

“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”

David D. White

Austin Criminal Defense Lawyer

Facing Assault Charges in Texas? Contact an Assault Lawyer in Austin for a Free Consultation

Assault charges in Texas are serious, but you don’t have to face them alone. At the Law Office of David D. White, PLLC, we have the knowledge and experience to assist you in navigating the legal system and building a strong defense. Call us at 512-369-3737 or schedule a free consultation here. We are available 24/7 to answer your questions and fight for your rights.

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