Misdemeanors in Texas are no big deal, right? Wrong! Misdemeanor crimes come with steep penalties in the Lone Star State and set the stage for future felonies. Charges for misdemeanor assault in Texas can put you in jail for up to a year and can follow you around, interfering in your personal and professional lives for a lifetime.
If you or a loved one has been accused of assault in Texas, whether misdemeanor or felony, you need to act fast. The prosecution is building their case against you as we speak, and you need a winning Houston assault attorney to protect your rights.
Mark Thiessen and the Houston assault lawyers at Thiessen Law Firm have a history of taking tough criminal cases to court and winning them. If you’re in a tough spot, Thiessen is here to help; call us today at (713) 864-9000 for a free consultation and start building your defense before it’s too late.
What is the lowest charge of assault?
The lowest form of assault, sometimes called simple assault, can be charged as anything from a class C to a class A misdemeanor, depending on the circumstances of the case. Generally speaking, simple assault occurs when someone is either threatened or physically harmed but not physically harmed very seriously.
Simple assault can range from simple harassment to shoving someone at a bar to instigating a fight that didn’t have too severe consequences — it can really run the gamut. Because simple assault is an umbrella term that could mean anything for the accused, we’re going to go deep into Texas Penal Code § 22 to go over all the different types of misdemeanor assault in Texas that there are.
Continue reading: What is simple assault?
What is a class C misdemeanor assault in Texas?
Yes! You can be charged with assault in Texas without even touching someone! Class C misdemeanor simple assault usually involves one of these two scenarios:
- Assault by threat. Threatening another person with imminent harm to the degree that they feel in danger but not coming into physical contact with them.
- Assault by contact. Physically contacting someone in a manner that is offensive, provocative, or otherwise unwanted but without causing injury or pain.
Although class C misdemeanor assault is considered the least serious assault charge in Texas, it can still have serious consequences.
What is assault by threat?
Assault by threat occurs when a person intentionally or knowingly threatens another person with imminent harm. This could mean something as simple as raising your fists towards another person or telling someone you’re going to “kick their ass.” Even without followthrough, these actions can be considered simple assault by threat.
The only thing that the prosecution must prove in assault-by-threat cases is that the victim of the assault reasonably believed that they were in danger — and that is sometimes all it takes to be saddled with a class C misdemeanor.
What is assault by contact?
Assault by contact, on the other hand, involves intentionally or knowingly making physical contact that is offensive or provocative to another person. This could look like pushing someone during an argument or giving a coworker a shoulder rub without permission.
The key here is that you must do these things intentionally or knowingly, and it is possible to be unaware that a specific type of contact is provocative or offensive.
What is class B misdemeanor assault in Texas?
Class B misdemeanor assault is much more rare in Texas, and usually involves offenses against an athlete during a game or retaliation against an athlete for their poor performance. Think throwing something at a player on the field for dropping the ball, or spitting on them after the game for ruining your parlay.
Really, the Texas Penal Code states that assault is class B “if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:
- While the participant is performing duties or responsibilities in the participant’s capacity as a sports participant; or
- In retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.”
What is class A misdemeanor assault in Texas?
Class A misdemeanor assault is the most serious type of misdemeanor assault in Texas — and also the most common. It usually involves an assault offense in which some form of bodily injury is sustained by the other party but no aggravating factors are present.
Bodily injury can mean injuries as minor as bruises, swelling, or small cuts; injuries more serious than this are often considered “serious bodily injury,” and are generally associated with felony aggravated assault.
What is assault bodily injury?
Assault bodily injury, or technically assault causing bodily injury, is the most common form of class A misdemeanor assault in Texas. In this context, bodily injury means physical harm, damage, or any impairment of physical condition.
Common examples of this include hitting someone and leaving a bruise or throwing an object at someone that causes a minor cut or contusion. No matter how minor the injuries suffered, if they can be said to cause physical harm, damage, or impairment, the assault charge is likely to be a class A misdemeanor.
What is assault bodily injury against a family member?
Assault cases that occur between members of a family are often treated more seriously in Texas courts. A family member in this context means a member of the household or someone engaged in a dating relationship.
Although assault against a family member can still be charged as a misdemeanor, convictions for family violence can have longer-term consequences that extend further into family and personal lives. Some common consequences of family violence charges include loss of rights to own firearms and protective orders that restrict contact with victims and other family members.
Difference between assault and aggravated assault
The primary difference between assault and aggravated assault lies in the severity of the injuries to the victim, whether or not a deadly weapon was used, and who the assault was committed against.
Generally, an assault charge will be elevated to aggravated assault when:
- The victim sustains long-term injuries. Serious bodily injury is the term used for injuries that leave a lasting impact, and make total recovery a non-guarantee. If someone is going to be scarred, disfigured, or will have any of their senses impacted by their injuries, the charges are sure to be aggravated.
- A deadly weapon is used. Use of a deadly weapon will automatically elevate a charge to aggravated, injuries notwithstanding. This is especially complicated because deadly weapons can be any object, as long as it is used for the purpose of (or with the intent of) inflicting serious bodily injury or death.
Aggravated assault charges are always felonies, and come with much steeper penalties than misdemeanor assault charges in Texas.
What is the penalty for misdemeanor assault in Texas?
How long do you go to jail for assault in Texas? Penalties and jail time for misdemeanor assault will depend on the circumstances of the charge. The chart below details common assault charges and their associated penalties.
| Offense | Charge | Maximum fine | Jail time |
| Assault by threat | Class C misdemeanor | $500 | n/a |
| Assault by contact | Class C misdemeanor | $500 | n/a |
| Assault against a sports participant | Class B misdemeanor | $2,000 | Up to 180 days |
| Assault bodily injury | Class A misdemeanor | $4,000 | Up to 1 year |
| Assault bodily injury against family | Class A misdemeanor | $4,000 | Up to 1 year |
| Felony assault | Third-degree felony | $10,000 | 2 – 10 years in prison |
| Aggravated assault | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Aggravated assault | First-degree felony | $10,000 | 5 years – life in prison |
Keep in mind that on top of these penalties, those convicted of assault often face required probation periods, anger management classes, and the lasting impact of a charge on your record. Although many of these assault offenses are not felony charges, they can still follow you around for life.
How to beat an assault charge in Texas
While the correct defense strategy will depend entirely upon the circumstances of your case, there are a number of common defense strategies that your Houston assault lawyer will use to fight for you. Some of these include:
- Failure to prove intent, reasonable apprehension, or harm. These are the essential elements of any assault claim. If the prosecution is unable to prove them, their case won’t stand up to scrutiny.
- Mistaken identity. It’s pretty common, especially in public settings, to be blamed for the actions of another person who the accuser believed to be you.
- A simple accident. As crazy as it may seem, assault accusations often come out of extremely chaotic environments; hazy barrooms and late nights charged with emotion are places where people get confused, and where accidents often happen.
- Self-defense. If you were coming to the defense of yourself or others you may be able to claim self defense, an affirmative defense to assault crimes.
There are a number of defenses at your disposal, but it will take a quality attorney to identify which one will work for your unique circumstances. While things like the assault statute of limitations rarely come into play, your attorney will explore every possible avenue to construct the best defense possible.
Facing a first-time assault charge in Texas? Call the Houston assault lawyers at Thiessen Law Firm.
Charges for misdemeanor assault in Texas are no joke. Whether a mistake or a misunderstanding, you shouldn’t let one incident define your life — and believe us, the stakes are that high.
If you or a loved one has been accused of assault, you need to work quickly. Texas courts like to prosecute first and ask questions later, and without an attorney fighting for you in your corner, you’re at the mercy of a system whose function is to put you away.
Whether you’re facing a first time assault charge in Texas or a charge for repeat aggravated assault, the Houston assault attorneys at Thiessen Law Firm are ready to work tirelessly on your defense and protect your life with everything we’ve got.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to put a fighter in your corner.
More Helpful Articles by Thiessen Law Firm:
- What To Do If You’re Accused of Assault: A 4-Step Process
- Can You Get Arrested for Fighting?
- The Self-Defense Laws in Texas
- Is Aggravated Assault a Felony in Texas?
- Can You Get Arrested for a Bar Fight?
