When assault charges hit, they hit hard. One minute you’re living your life, the next you’re staring down serious legal consequences with the potential to destroy your future. The confusion, the anxiety, the uncertainty about what comes next — it’s overwhelming. But take a deep breath, because here’s something to remember: facing assault charges in Texas doesn’t mean you’re already guilty.
Texas assault laws are complicated, and cover everything from minor physical contact to serious bodily injury. What many don’t realize is how broad these laws actually are. You can be charged with assault for making threats, for touching someone in a way they find offensive, or for causing actual physical harm. The penalties scale dramatically, ranging from minor fines to decades in prison, depending on the circumstances and any aggravating factors.
Thiessen Law Firm has built our reputation on fighting these exact charges — and winning against them, because we know how to operate in Texas courtrooms. Don’t let prosecutors intimidate you into accepting consequences you don’t deserve. If you’re facing assault charges and need someone in your corner who knows how to fight, call Thiessen Law Firm at (713) 864-9000.
What is considered assault in Texas?
Under Texas law, assault happens in three main ways.
- You can be charged if you intentionally, knowingly, or recklessly cause bodily injury to another person (yes, that includes your spouse).
- If you intentionally or knowingly threaten someone with imminent bodily injury, even if you never lay a finger on them.
- If you intentionally or knowingly make physical contact with someone in a way you should reasonably know they’ll find offensive or provocative.
That last one catches a lot of people off guard. Poking someone in the chest during an argument? That could be assault. Grabbing someone’s arm to stop them from walking away? Potentially assault. The law gives prosecutors incredible flexibility to bring charges even when no one gets hurt and even if this is a first time assault charge in Texas — which is a big reason why hiring a quality assault lawyer is always essential.
Types of assault charges in Texas
The Texas Penal Code §22 breaks assault charges down into different categories, each carrying its own set of penalties:
- Class C misdemeanor: What is the lowest form of assault charge? This is it, typically involving threats or offensive contact without actual injury.
- Class B misdemeanor: This level applies to rare situations, like when a non-sports participant assaults someone involved in sports (referee, coach, player).
- Class A misdemeanor: The standard charge for simple assault in Texas that causes bodily injury. This is what most people think of when they hear “assault.”
- Third-degree felony: Assault becomes this serious when it involves assault bodily injury against public servants, family members with prior convictions, or when strangulation is involved.
- Second-degree felony: This is where we cross into aggravated assault territory. You can be charged if you attempt assault with a deadly weapon or cause serious bodily injury.
- First-degree felony: The most serious assault charge, reserved for aggravated assaults against certain protected individuals or domestic violence cases with severe injuries.
The difference between assault vs. aggravated assault comes down to a few key factors. Assault becomes aggravated assault when:
- You caused serious bodily injury (think broken bones, not just bruises)
- You used or exhibited a deadly weapon during the assault
- You committed assault against a protected class of individual
Any of these factors can bump your charge from a misdemeanor up to a serious felony.
How do assault charges work in Texas?
When assault charges hit, they tend to move fast. It usually starts with an incident report and investigation. Maybe the police were called to the scene, or perhaps the alleged victim filed a report later. Either way, once the wheels of justice start turning, you need to be ready. Here’s what to expect:
- The prosecutor will review the evidence and decide whether to file formal charges. This is a critical stage where having a skilled Houston assault attorney can make all the difference. They might be able to intervene before charges are even filed, potentially saving you from the nightmare altogether.
- If charges are filed, you’ll be arraigned and asked to enter a plea.
- From there, your case either proceeds to trial or, more commonly, enters the plea bargaining phase. This is where your attorney’s experience and relationships with local prosecutors become invaluable. Assault cases often come down to conflicting stories and limited physical evidence, giving a skilled defense attorney plenty to work with.
It’s worth noting that the assault statute of limitations in Texas is generally two years from the date of the alleged assault. That means the state has that long to file charges after the alleged incident occurs. For family violence cases, the statute extends to three years even for misdemeanors, showing how seriously Texas takes domestic violence allegations.
What is the penalty for assault in Texas?
The consequences of an assault conviction can be life-altering, ranging from minor fines to decades behind bars. The penalty depends on the specific charge, your criminal history, and if any aggravating factors apply to your case.
Here’s what you’re potentially facing:
| Offense | Degree | Maximum fines | Jail time | Common examples |
| Simple assault | Class C misdemeanor | $500 | N/A | Threats, offensive contact |
| Simple assault | Class B misdemeanor | $2,000 | 180 days | Assault against a sports participant |
| Simple assault | Class A misdemeanor | $4,000 | Up to 1 year | Basic assault causing minor injury |
| Felony assault | Third-degree | $10,000 | 2-10 years | Assault against public servant, family violence with strangulation |
| Felony assault | Second-degree | $10,000 | 2-20 years | Aggravated assault (serious injury or weapon) |
| Felony assault | First-degree | $10,000 | 5 years to life | Aggravated assault against certain protected individuals |
And these are just the direct legal penalties. We haven’t even touched on the collateral consequences:
- Difficulty finding employment
- Housing problems
- Loss of professional licenses
- Potential immigration issues for non-citizens
An assault conviction follows you long after you’ve served your time or paid your fine. This is why fighting your assault charges aggressively from day one is so important. The consequences of just “taking the deal” without proper legal representation can haunt you for decades. At Thiessen Law Firm, we understand what’s at stake, and we fight accordingly.
Texas assault laws — FAQs
Is punching someone assault in Texas?
Absolutely. Punching someone in Texas qualifies as assault under Texas Penal Code §22.01(a)(1) since you’re intentionally, knowingly, or recklessly causing bodily injury to another person. Even if the punch doesn’t leave a mark, the pain alone can satisfy the “bodily injury” requirement, typically resulting in at least a Class A misdemeanor charge that carries up to a year in jail and a $4,000 fine.
Can you legally hit someone if they hit you first?
Yes, Texas recognizes self-defense, allowing you to use force against another when you reasonably believe it’s immediately necessary to protect yourself from their unlawful force. However, your response must be proportional to the threat — you can’t escalate to deadly force if you’re facing minor harm, and you generally can’t claim self-defense if you provoked the confrontation in the first place.
What is an example of assault vs. battery in Texas?
Unlike many states, Texas doesn’t separate assault and battery into distinct charges — both fall under the single offense of “assault” in the Texas Penal Code. What might be called “battery” elsewhere (physical contact causing injury) is simply assault causing bodily injury in Texas.
Don’t gamble with your future. Call Texas’s top assault defense team from Thiessen Law Firm.
Texas assault laws can be incredibly strict, and prosecutors don’t pull their punches when pursuing convictions. Whether you’re facing a Class C misdemeanor or looking at serious felony charges, what you do right now will determine your future for years to come.
At Thiessen Law Firm, we’ve seen it all — the bogus charges, the exaggerated claims, the cases where self-defense got twisted into assault. We know the system, we know the strategies that actually work, and most importantly, we know how to defend your rights.
Don’t wait until it’s too late to get the defense you deserve. Your freedom, your reputation, and your future are on the line. Call Thiessen Law Firm today at (713) 864-9000 or contact us online and put our experienced assault defense team to work for you.
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