Although simple assault charges are some of the most common criminal charges in Texas, being charged with any kind of assault is a frightening experience. Being convicted of simple assault in Texas can have serious circumstances and often involves serving jail time — even for misdemeanor charges.
There is, however, hope. Working with a skilled Texas assault attorney can give you the protection you need to beat a simple assault charge, avoid jail time, and keep your record clean. This article will explain in detail the different types of assault charges, what constitutes simple assault, and ways in which you and your attorney might beat the charge.
Keep reading to find out more, or call the Houston assault attorneys at Thiessen Law Firm today at (713) 864-9000 for a winning defense.
What is the lowest form of assault charge?
The first thing you need to know about how to beat a simple assault charge is the actual definition of simple assault. We know this is pretty basic stuff, but it’s important.
In Texas, the lowest form of assault charge is typically referred to as “simple assault” or “misdemeanor assault.” The severity of assault charges in Texas is generally determined by the harm caused and a few other aggravating circumstances. Assault, in general, is defined in Texas Penal Code § 22.01 as:
- Intentionally, knowingly, or recklessly causing bodily injury to another;
- intentionally or knowingly threatening another with imminent bodily injury or
- intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
Generally speaking, simple assault means you’ve threatened someone, but you have not physically harmed that person. It can expand to include physical touch, but it would not involve any serious physical injuries.
Of course, if someone recklessly causes bodily injury to another person, then they could be accused of aggravated assault charge (and then they will be looking for aggravated assault lawyers in Houston, instead) or, if the person involved was a family member, accused of assault on a family member.
Simple assaults usually involve threats without a weapon present or a failed attempt to physically harm someone. Convictions for simple assault will show up on your criminal record. In order to be considered a simple assault, your accuser will have to prove:
- Intent: You intended to harm them or threaten to harm them.
- Reasonable apprehension: The victim perceived your intention.
- Harm: The victim was harmed (but did not sustain serious bodily harm) or was afraid of being harmed because of threats.
Continue reading about the differences between aggravated assault vs simple assault
What is an example of simple assault?
A few real-world examples may further clarify what we mean when we talk about simple assault. People often have ugly, violent pictures of assault crimes in their heads when they imagine assault, but this is very often not the case.
A simple assault example could be any of the following:
- During a heated argument, Mary pushes her boyfriend, John — although John has not sustained any injuries, the physical contact alone may be enough to convict Mary of simple assault.
- In a bar, Alan threatens to punch Rick, raising his fist at him in a clearly threatening manner. Although Alan doesn’t actually intend to punch Rick, the threat of bodily injury could be considered simple assault.
- Jim gives his coworker Trip a back rub despite Trip’s repeated requests that he stop. This kind of unwanted physical contact can 100% be assault.
Continue reading: Can you go to jail for fighting?
How to beat a simple assault charge in Texas
There are a variety of possible defenses you can leverage to have your assault charges dropped. Again, this will depend on your particular situation, as well as the skill and experience of your Houston assault attorney.
| Failure to prove intent, reasonable apprehension, and harm | If your accuser is unable to prove that you intended to harm them/threaten them, that they understood your intentions, or that they actually were harmed or afraid of being harmed, then (technically) their case doesn’t have legs to stand on.Unfortunately, it is possible to be convicted even if the prosecutor fails to demonstrate these three tenets of a simple assault charge. |
| Mistaken identity | Another common defense is that of mistaken identity. In the confusion of a fight or an imminent fight, it’s possible that the plaintiff mixed you up with someone else, especially if you don’t know one another. In other cases, someone else committed the simple assault, but for whatever reason, the person is placing the blame on your shoulders. |
| Accident | Depending on the particulars of your case, your defense attorney may also put forward the defense that what is being labeled a simple assault was truly just an accident. With this defense, you admit to having injured someone or that your actions may have been perceived as a threat but that doing so was accidental, not malicious, and/or unintended. |
| Self-defense | One of the most common defenses against simple assault charges is to claim that you were defending yourself, others, or property. It is legal to defend all three of these things as long as the violence is not extreme, disproportionate, or initiated by you.Continue reading about the Texas self-defense laws |
Keep in mind that unless there are witnesses or footage of the incident, it is possible that any of these defenses will come down to a he-said-she-said situation. Once again, that often means that the outcome of your case frequently boils down to your attorney and how successfully he or she is able to defend you.
Is simple assault a misdemeanor in Texas?
Simple assault is almost always a misdemeanor in Texas, with a few exceptions. Simple assault charges can be upgraded to felonies under the following circumstances:
- The assault is committed against a public servant performing their duties
- The assault is committed against a family member, and you have a prior domestic violence conviction
- The assault is committed against an elderly or disabled individual
There are other ways in which assault charges can be upgraded to felonies, depending on the individual circumstances of your case. Simple assault punishment will always vary depending on how severe your charge is.
What is the most common punishment for simple assault?
Because simple assault and assault charges can run the gamut for severity of offense, punishments can range a shocking amount; a simple assault charge punishment often includes a fine and even jail time, in some cases.
| Offense | Maximum Fine | Potential Jail Time |
| Class C misdemeanor simple assault | $500 | n/a |
| Class B misdemeanor simple assault | $2,000 | Up to 180 days |
| Class A misdemeanor simple assault | $4,000 | Up to 1 year |
| Third-degree felony assault | $10,000 | 2 – 10 years in prison |
| Second-degree felony aggravated assault | $10,000 | 2 – 20 years in prison |
| First-degree felony aggravated assault | $10,000 | 5 years – life in prison |
If you are given jail time, you may have the opportunity to negotiate your sentence to that of probation. Rather than spending any time in jail, you would be required to follow a strict set of rules under the supervision of a probation officer for a predetermined amount of time.
In addition to the above-listed criminal penalties, assault convictions can have other long-lasting consequences, including all of the headaches that come with a permanent criminal record, like trouble finding housing, employment, and untold negative impacts on your personal and professional life.
The attorneys at Thiessen Law Firm know how to beat a simple assault charge in Texas
Those looking to beat a simple assault charge in Texas should have a trustworthy and talented criminal defense attorney in their corner. Without a skilled attorney in your corner you’re left without a lifeline, exposed to the harsh realities of the criminal justice system.
The assault defense attorneys at Thiessen Law Firm have made their name by winning complex criminal cases for their clients. If you or a loved one needs a fierce advocate for your rights, Thiessen Law Firm can help.
Call us today at (713) 864-9000 or contact us online to ask for a free consultation.
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