Facing assault charges is always a frightening and overwhelming experience. The moment you’re charged, your future is thrown into jeopardy, and you’re forced to grapple with consequences that could affect your freedom, career, and relationships permanently. So, exactly what are the penalties for assault?
In Texas, assault charges vary based on the specific circumstances and severity of the offense, but they always carry serious penalties. Penalties can range from fines of $500 all the way to between 2 – 20 years in prison — and factors like prior convictions or the victim’s status as a family member or public servant can make penalties even more steep.
Don’t face these serious charges alone. The experienced Houston assault attorneys at Thiessen Law Firm, led by top criminal defense attorney Mark Thiessen, know how to beat assault charges and have a proven track record of defending clients in high-stakes assault cases. Call (713) 864-9000 or contact us online today for a confidential consultation about your case.
How serious is an assault charge in Texas?
An assault charge in Texas is an extremely serious matter that can have life-altering consequences. Even at its lowest level, simple assault is classified as a class C misdemeanor. This is far from a minor offense and can result in fines and a permanent criminal record that could impact your ability to find employment, housing, or educational opportunities.
The severity escalates quickly under certain circumstances. For instance, if you’re accused of causing serious bodily injury, assaulting a family member, or using a weapon during the assault, the charge becomes a felony. A felony assault conviction can mean years in state prison, and unlike some other criminal charges, assault convictions cannot be sealed or expunged from your record in most cases.
Learn more: How serious are first-time assault and battery charges in Texas?
What is the punishment for assault in Texas?
The penalties for assault in Texas vary significantly based on the specific circumstances of the case. Understanding the different types of assault charges and their corresponding penalties is important for anyone facing these accusations.
Is assault a misdemeanor in Texas? In its basic form, yes — but as we said, the charge can quickly escalate to a felony based on several factors. Here’s a breakdown of the various assault charges and their penalties:
Simple assault (class C misdemeanor)
What is a simple assault charge in Texas? It occurs when someone intentionally, knowingly, or recklessly causes bodily injury, threatens bodily injury, or makes offensive physical contact with another person. Touching someone without their consent or in a way they find unpleasant with no resultant injury is typically charged as a class C misdemeanor, punishable by a $500 fine upon conviction.
Simple assault (class B misdemeanor)
Class B misdemeanor assault is much more rare, but simple assault is upgraded to a class B misdemeanor if the incident involved a terroristic threat. A class B misdemeanor is punishable by up to 180 days jail time and/or a fine of up to $2,000.
Simple assault (class A misdemeanor)
When an assault causes bodily injury (physical pain, illness, or impairment of physical condition) or involves threats of imminent bodily injury, it becomes a Class A misdemeanor. Penalties include:
- Up to 1 year in county jail
- Maximum fine of $4,000
- Possible probation
- Mandatory anger management classes
Assault family violence
Family assault charges in Texas are treated with particular severity due to the state’s commitment to preventing domestic violence. Penalties vary based on prior convictions:
- First offense: Class A misdemeanor (up to 1 year in jail, $4,000 fine)
- Second offense: Third-degree felony (2 – 10 years in prison, up to $10,000 fine)
- With choking/strangulation: Third-degree felony
Continue reading about assault on a family member in Texas
Aggravated assault (second-degree felony)
A felony assault Texas charge typically involves either serious bodily injury or the use of a deadly weapon. Penalties include:
- 2 – 20 years in state prison
- Up to $10,000 in fines
- Mandatory supervision upon release
- Loss of firearm rights
Explore examples of aggravated assault
Assault on a public servant (second-degree felony)
This enhanced charge applies when the victim is a police officer, firefighter, emergency worker, or other public servant:
- 2 – 20 years in prison
- Up to $10,000 in fines
- Mandatory minimum sentencing in many cases
Enhanced penalties for assault
Certain factors can increase the severity of any assault charge:
- Prior criminal history
- Use of a weapon
- Victim’s protected status (elderly, disabled, pregnant)
- Location of offense (school property)
- Gang-related activity
It’s important to note that these penalties represent maximum sentences. The actual punishment in your case may be less severe depending on various factors, including the strength of your defense, the prosecutor’s position, and the specific circumstances of your case. Working with an experienced Houston aggravated assault lawyer, rather than going at it alone, will invariably increase the chances of getting the charges against you dismissed.
Additional punishments for assault in Texas
The immediate criminal penalties of jail time and fines are just the beginning of what you may face with an assault conviction in Texas. The collateral consequences can impact nearly every aspect of your life long after you’ve completed your sentence.
An assault conviction carries these lasting consequences:
- A permanent criminal record visible on background checks, severely limiting employment opportunities and the ability to advance in your career.
- Suspension or revocation of professional licenses across healthcare, education, law, real estate, and other regulated industries.
- Permanent loss of firearm rights under federal law for domestic violence convictions, affecting both personal rights and career options.
- Potential deportation or citizenship denial for non-U.S. citizens, regardless of current immigration status.
Beyond these formal restrictions, an assault conviction can damage your reputation in the community, affect child custody arrangements, and limit your housing options, as many landlords screen for violent offenses. You may also face higher insurance rates and find it difficult to obtain loans or other financial services. These lasting consequences make it crucial to mount an aggressive defense against assault charges from the very beginning of your case.
How to beat an assault charge in Texas
Knowing what to do if you’re accused of assault can make sure your immediate actions can help instead of harm the outcome of your case. The first and most important step is to exercise your right to remain silent and avoid discussing the incident with anyone except your attorney. Even seemingly innocent explanations or social media posts about the incident can be used against you by prosecutors.
Here’s what to do if you’ve been accused of assault:
- Contact a criminal defense attorney immediately: Time is critical in assault cases. The prosecution begins building their case right away, so you need an experienced advocate in your corner as soon as possible.
- Preserve all evidence: Work with your attorney to gather and protect evidence that could help your case:
- Surveillance footage from nearby businesses or homes
- Witness contact information and statements
- Photos of any injuries or property damage
- Text messages, emails, or social media posts relevant to the incident
- Medical records if you were injured
- Any other documentation that supports your version of events
- Develop a strong defense strategy: Your attorney will help craft the most effective defense based on your specific circumstances. Some common defenses to assault include:
- Proving you acted in self-defense
- Demonstrating the contact was accidental
- Showing the alleged victim’s claims are false or exaggerated
- Challenging witness credibility
- Identifying procedural errors in law enforcement’s handling of your case
- Comply with all court orders: Follow every court order and requirement precisely while your case is pending. This includes:
- Attending all court appearances
- Following any protective orders
- Avoiding contact with the alleged victim
- Meeting with your probation officer if applicable
- Completing any court-mandated programs
Remember: The sooner you begin working with an experienced criminal defense attorney, the better your chances of achieving a favorable outcome in your case.
Meet with a top assault attorney in Houston from Thiessen Law Firm
Whether you’re asking yourself “what are the penalties for assault in Texas?” because you’ve been charged or are just looking to understand your options, the path forward starts with an experienced and aggressive assault attorney.
At Thiessen Law Firm, we’ve successfully defended countless clients against assault charges in Houston. Our aggressive defense strategies and deep understanding of Texas assault laws have earned us a reputation as one of Houston’s most effective criminal defense teams.
Led by Board Certified criminal defense attorney Mark Thiessen, our firm approaches each case with meticulous attention to detail and a commitment to protecting our clients’ rights. We understand that good people can find themselves in difficult situations, and we’re here to help you navigate this challenging time with dignity and determination.
Call us today at (713) 864-9000 or contact us online to start building your case today.
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