Simple Assault Lawyer in Houston, TX

If you have been charged with simple assault in Houston, Texas, contact attorney Mark Thiessen at 713.864.9000 or request a free case evaluation. We serve Houston and the surrounding areas and are available 24/7 to fight for you.

In Texas, you don’t have to throw a punch to be charged with assault. A shove outside a bar on Washington can do it. So can a finger jabbed into someone’s chest during an argument, or a threat shouted in the heat of the moment. Sometimes all it takes is one person’s version of events and a police officer who decides to believe it.

Don’t let the word “simple” fool you. A simple assault charge is a full-on assault charge, and it can still mean jail time, heavy fines, and a criminal record that shows up every time an employer, landlord, or licensing board runs your name. Prosecutors in Harris County see these cases every day. They are counting on you to treat yours like a minor inconvenience and take the first deal they offer.

That’s where the right Houston simple assault lawyer changes everything. Mark Thiessen is a quadruple board-certified trial attorney and an ACS-CHAL Forensic Lawyer-Scientist. He has earned 160+ Not Guilty verdicts and thousands of dismissals for his clients. He knows how the State builds these cases. More importantly, he knows where they fall apart. Witness stories change. Video tells a different story. Self-defense gets buried in the police report. Mark finds those cracks and makes the prosecution answer for them.

The good news is that a charge is not a conviction, and you still have time to fight back. But the clock starts the moment you’re arrested. Call (713) 864-9000 today to talk with Mark and his team about your case.

What is simple assault in Texas?

Simple assault in Texas is an assault charge with no aggravating factors, like a deadly weapon or serious injury. It’s charged as a Class C or Class A misdemeanor under Texas Penal Code §22.01. You won’t actually find the term “simple assault” in Texas assault laws. It’s just the everyday name for the basic offense.

You can be charged in three ways:

• Bodily injury: Causing someone physical pain, even without a visible mark. This is typically a Class A misdemeanor.
• Threats: Threatening someone with imminent bodily injury. This is usually a Class C misdemeanor.
• Offensive contact: Touching someone in a way they find offensive or provocative. This is also usually a Class C misdemeanor.

Many of these cases come down to one person’s word against another’s. As an experienced Houston assault lawyer, Mark knows how to expose the holes in that story, and the team at Thiessen Law Firm has built a reputation on doing exactly that.

What is the penalty for simple assault in Texas?

The penalty for simple assault in Texas depends on how it’s charged. A Class C assault carries a fine of up to $500 with no jail time. A Class A assault can mean up to one year in county jail and a fine of up to $4,000.

Charge level	Common example	Maximum jail time	Maximum fine
Class C misdemeanor	Threats or offensive contact	None	$500
Class A misdemeanor	Causing bodily injury	1 year in county jail	$4,000

These penalties only apply if your charge stays a simple assault. Prosecutors can raise the stakes fast. If they claim a weapon was involved or the injury was serious, the charge becomes aggravated assault. That’s a second-degree felony carrying up to 20 years in prison. Assaults involving a family member with a prior conviction or a public servant can also be charged as felonies.

That’s why the early stages of your case matter so much. The right defense can keep a misdemeanor from turning into a felony.

Continue reading: How long is jail time for assault?

When does simple assault become aggravated?

Simple assault becomes aggravated when the alleged victim suffers a serious bodily injury or a deadly weapon is used or shown. At that point, a misdemeanor turns into aggravated assault, a felony that can carry years in prison. Other factors can also push an assault bodily injury charge into felony territory, even without aggravation.

Common factors that can elevate your charge include:

• Serious bodily injury: Injuries that create a substantial risk of death, cause permanent disfigurement, or impair how part of the body works.
• A deadly weapon: Using or showing a weapon can lead to a charge of assault with a deadly weapon. Everyday objects like a bottle or a car can count.
• Family violence: A domestic violence allegation with a prior conviction, or one involving choking, can be charged as a felony.
• Public servants: Assaulting a police officer, security officer, or emergency worker is typically a third-degree felony.
• Elderly or disabled victims: Offensive contact that would normally be a Class C can jump to a Class A.

Prosecutors don’t need much to justify stacking on these factors. A broken beer bottle on the ground or a claim of choking can change everything. The sooner you have a defense attorney pushing back, the better your chance of keeping the charge where it belongs.

What are examples of simple assault in Texas?

Simple assault in Texas can come from situations most people would never call a crime. Here are some of the most common scenarios we see in Houston:

• The bar fight: It’s last call in Midtown, and someone bumps into you and spills your drink. Words get exchanged, and you shove him away. He tells police his shoulder hurts, and now you’re facing a Class A assault charge.
• The road rage incident: Someone cuts you off on the Katy Freeway and slams on their brakes. At the next light, you roll down your window and yell that you’ll “kick their teeth in.” That threat alone can be enough for a Class C assault charge.
• The pickup game: A hard foul on the basketball court turns into a shoving match. Nobody gets seriously hurt, but one player calls the police out of spite. Suddenly a game between friends becomes a criminal case.
• The neighbor dispute: An argument over a barking dog or the fence line gets heated. You jab your finger into your neighbor’s chest to make your point. Even with no injury, that offensive contact can lead to a Class C charge.
• The mutual fight: Two people trade blows outside a party. Both of them threw punches, but only one of them called 911 first. Guess who police treat as the victim?

That last one happens more than you’d think. Police often show up to a chaotic scene with no idea who started it. Being arrested doesn’t mean you were in the wrong. It means someone told their story first.

Can a simple assault charge be dismissed?

Yes, a simple assault charge can be dismissed in Texas. Cases get thrown out for weak evidence, successful self-defense claims, or completion of a diversion program. The key is having a defense attorney who knows where to push.

So, how do you avoid jail time for simple assault? Here are the most common ways a charge gets dismissed:

Insufficient evidence

Prosecutors have to prove every element of the charge beyond a reasonable doubt. With no video, no independent witnesses, and conflicting stories, they may be left with a case they simply can’t win. A strong defense makes that weakness impossible to ignore.

Self-defense

Texas law allows you to use force to protect yourself from someone else’s unlawful force. If the other person came at you first, you shouldn’t be punished for defending yourself. The challenge is proving it when the police report only tells one side.

An uncooperative witness

Contrary to popular belief, the alleged victim can’t “drop” the charges. Only the State can do that. But when the key witness stops cooperating or changes their story, the prosecution’s case often falls apart.

Pretrial diversion

Eligible first-time offenders may be able to complete a pretrial diversion program instead of going to court. You never plead guilty, and the charge is dismissed once you finish. Afterward, you may qualify to have the record expunged.

Deferred adjudication or deferred disposition

With deferred adjudication, you plead guilty or no contest and complete a period of supervision. If you finish successfully, the case is dismissed without a conviction. Deferred disposition works similarly for Class C charges. Keep in mind that deferred adjudication doesn’t erase your record. It only qualifies for sealing through an order of non-disclosure.

The goal is always an outright dismissal first. Programs and deals are a fallback, not a starting point.

What to do after a simple assault arrest in Houston

After a simple assault arrest in Houston, the most important thing you can do is stay quiet and get a defense attorney involved right away. What you say and do in the first few days can shape your entire case.

Here’s how to protect yourself:

• Stop talking: Don’t explain your side to the police. They aren’t there to hear your story. They’re there to build their case, and anything you say will be used to do it. Politely tell officers you’re choosing to remain silent and want to speak with a lawyer. Then stick to it, even if they tell you it’s your chance to clear things up.
• Stay away from the alleged victim: Your bond conditions may bar any contact. Even a friendly text asking to “talk it out” can land you back in jail. That includes messages passed along through friends or family. If you live with the other person, talk to your attorney before going home.
• Save the evidence: Take photos of any injuries you have and write down the names of witnesses. Bars and businesses often erase security footage within days, so time matters. Hang on to texts, call logs, receipts, and anything else that shows where you were and what really happened. Details fade fast, so write down your own memory of the incident while it’s fresh.
• Stay off social media: Prosecutors read Facebook too. Don’t post about the incident, the other person, or your arrest. A joke or a vent can be screenshotted and shown to a judge. Ask your attorney before deleting anything, since that can look like you’re hiding evidence.
• Follow your bond conditions to the letter: Missing a court date or breaking a condition gives the State an easy win before your case even starts. Conditions can include check-ins, curfews, or alcohol monitoring. Treat every one of them like your freedom depends on it, because it does.

The steps you take right after an arrest can either help your defense or hand the prosecution its best evidence. Most people make their biggest mistakes in the first 48 hours, before they’ve even talked to a lawyer. The sooner you have an experienced defense attorney on your side, the sooner someone is protecting your rights and building your case.

For a step-by-step look at the process, read our guide on what happens after an assault arrest in Houston.

Why hire Thiessen Law Firm for your simple assault case

Hiring Thiessen Law Firm means hiring trial lawyers who prepare every case like it’s going in front of a jury. Prosecutors know which defense attorneys will fight and which ones will fold. When they see our name on a case, they know we’re ready to go the distance.

We’re trial lawyers first.

Plenty of firms say they’ll fight for you, then push you toward the first plea deal that lands on their desk. Mark has earned his reputation in the courtroom, not in the hallway negotiating. That trial record gives us real leverage when it’s time to talk to prosecutors.

We bring credentials most firms can’t match.

Mark is quadruple board-certified and one of the few attorneys in the country recognized as an ACS-CHAL Forensic Lawyer-Scientist. That scientific background matters in assault cases, where injury claims, medical records, and forensic evidence often decide the outcome.

We know Houston’s courts.

Our office is right here in the Heights, and our team handles cases across Harris, Fort Bend, Galveston, and Montgomery counties. We know how local prosecutors operate and how local judges think.

We’re available when you need us.

Arrests don’t happen on a 9-to-5 schedule. Our team is available 24 hours a day, 7 days a week, so you’re never left waiting when your freedom is on the line.

FAQs

Can a victim withdraw a simple assault charge?

No, only the State can drop a simple assault charge in Texas. Once police make an arrest, the case belongs to the prosecutor, not the alleged victim. That said, a victim who refuses to cooperate or signs an affidavit of non-prosecution can make the case much harder to prove.

Will a simple assault charge show up on a background check?

Yes, a simple assault arrest can show up on a background check even if the case is dismissed. A conviction will stay on your record permanently. The only way to clear the arrest completely is through an expunction or, in some cases, an order of non-disclosure.

Can I get a simple assault charge expunged in Texas?

You may be able to get a simple assault charge expunged in Texas if it was dismissed, you were found not guilty, or you completed pretrial diversion. A conviction cannot be expunged. Deferred adjudication doesn’t qualify for expunction either, though it may qualify for a non-disclosure order.

Is simple assault a felony in Texas?

No, simple assault is a misdemeanor in Texas. It’s charged as either a Class C or Class A misdemeanor, depending on the facts. However, factors like a deadly weapon, serious injury, or a prior family violence conviction can turn it into a felony.

Do I need a lawyer for a Class C assault?

Yes, you should talk to a lawyer even for a Class C assault. It may only carry a fine, but a conviction still creates a permanent criminal record that employers and landlords can see. A defense attorney can often get the charge dismissed or reduced before it follows you for life.

Facing simple assault charges in Houston? Call Thiessen Law Firm and fight back

A simple assault charge in Houston can follow you for the rest of your life. It can cost you jobs, housing, and the reputation you’ve spent years building. But a charge is not a conviction, and you don’t have to accept whatever deal the prosecutor puts in front of you.

At Thiessen Law Firm, we don’t back down from a fight. Mark and our team dig into every detail of your case, challenge the State’s evidence, and push for the best possible outcome. Whether that means a dismissal, a reduced charge, or a Not Guilty verdict, we’re ready to go the distance for you.

The sooner you call, the sooner we can start protecting your freedom. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start fighting back.