Assault charges in Texas can range from simple misdemeanors to serious felonies, and the penalties depend heavily on the circumstances surrounding each case. Whether you’re facing a misdemeanor or felony charge, it’s essential to understand the different levels of assault in Texas and the potential penalties.
At the Cowboy Law Group, we are committed to defending clients in The Woodlands, the greater Houston area, San Antonio, and Waco. Our assault defense lawyers have extensive experience and will aggressively fight to protect your rights.
The Definition of Assault in Texas
Assault, as defined under Texas law, involves three key actions:
- Intentionally, knowingly, or recklessly causing physical harm to another person.
- Threatening another person with imminent physical harm in a way that they reasonably believe they are in danger.
- Physical contact with another person in a manner that is offensive or provocative, even if no actual injury occurs.
This broad definition means that an assault charge can be filed even if no physical injuries result from the incident. In some cases, a simple threat or offensive contact can still lead to legal consequences.
When Is Assault a Misdemeanor in Texas?
Assault charges in Texas can be classified as misdemeanors or felonies depending on the severity of the offense, the nature of the harm, and the identity of the victim. Here’s a breakdown of the different levels of misdemeanor assault in Texas.
Class C Misdemeanor
A Class C misdemeanor is the least severe type of assault charge in Texas and typically applies to situations where no physical harm occurs. This level of assault includes cases where a person intentionally threatens another person with imminent physical harm or makes offensive physical contact, but no injury occurs.
- Penalty: Up to a $500 fine, but no jail time.
Class B Misdemeanor
Class B misdemeanor assault occurs in more specific situations, such as when a non-athlete threatens or physically provokes someone actively participating in a sporting event (e.g., an athlete, coach, or referee). Though less common, this level of assault is taken seriously when related to sports incidents.
- Penalty: Up to 6 months in jail and a fine of up to $2,000.
Class A Misdemeanor
A Class A misdemeanor is the most serious type of misdemeanor assault charge and is typically applied when an assault results in actual physical harm, but the harm is not severe enough to warrant a felony charge. This level of assault also includes cases where the victim is part of a protected class, such as an elderly or disabled individual, even if no physical harm occurs.
- Penalty: Up to 1 year in jail and a fine of up to $4,000.
When Is Assault a Felony in Texas?
Assault can be elevated to a felony when certain aggravating factors are present, such as the use of a deadly weapon, severe bodily injury, or the identity of the victim. Felony assault charges come with far more serious penalties than misdemeanors and can lead to years in prison and significant fines.
3rd-Degree Felony
An assault that causes bodily harm can be charged as a 3rd-degree felony under certain circumstances, such as when the victim is a family member, public servant, or government employee performing their duties. Prior assault convictions, especially those involving domestic violence, can also elevate a misdemeanor charge to a 3rd-degree felony.
- Penalty: 2 to 10 years in prison and a fine of up to $10,000.
2nd-Degree Felony
If an assault involves the use or display of a deadly weapon, even if no actual physical harm occurs, it can be charged as a 2nd-degree felony. This includes situations where a person threatens another with a weapon, such as a gun or a knife. Additionally, if the assault results in serious bodily harm or is committed against certain protected individuals (e.g., emergency responders), it can be charged as a 2nd-degree felony.
- Penalty: 2 to 20 years in prison and a fine of up to $10,000.
1st-Degree Felony
A 1st-degree felony is the most serious type of assault charge and is reserved for cases of aggravated assault involving severe bodily harm or the use of a deadly weapon against specific victims, such as family members, witnesses to a crime, or public servants on duty. A person with prior felony convictions may also face a 1st-degree felony for aggravated assault.
- Penalty: Up to life in prison and a fine of up to $10,000.
Simple vs. Aggravated Assault in Texas
Assault in Texas is divided into two categories: simple assault and aggravated assault.
Simple Assault
Simple assault refers to the intentional, knowing, or reckless infliction of bodily harm, threats of harm, or offensive physical contact. The severity of the offense is often classified based on the extent of harm caused and the identity of the victim, ranging from a Class C misdemeanor to a 3rd-degree felony.
Examples of simple assault include threatening someone without a weapon or a fistfight at a bar that causes minor injuries.
Aggravated Assault
Aggravated assault, on the other hand, involves more severe actions, such as causing serious bodily harm or using or displaying a deadly weapon during the assault. The penalties for aggravated assault are significantly more severe than those for simple assault and can range from a 2nd-degree felony to a 1st-degree felony.
Examples of aggravated assault include stabbing someone with a knife or causing life-threatening injuries during a physical altercation.
Why You Need a Criminal Defense Lawyer
Assault charges in Texas, whether misdemeanor or felony, can carry serious consequences that may impact your freedom, reputation, and future opportunities. Here are a few reasons why hiring an experienced criminal defense lawyer is essential if you’re facing assault charges:
Understanding the Law
Assault laws in Texas are complex, and the circumstances of your case can significantly affect the outcome. A knowledgeable attorney will help you understand the charges you’re facing and the potential penalties.
Building a Strong Defense
Your lawyer will investigate the details of your case, challenge the evidence presented by the prosecution, and build a strong defense strategy. This might include proving that you acted in self-defense or that the evidence does not support the charges.
Reducing Charges or Penalties
In many cases, an experienced defense lawyer can negotiate with the prosecution to reduce the charges against you, possibly lowering a felony charge to a misdemeanor or securing a more favorable plea deal.
Protecting Your Rights
Assault charges are often aggressively prosecuted in Texas. Having a lawyer who is dedicated to protecting your rights can ensure that you receive fair treatment in court and that the prosecution’s case is thoroughly scrutinized.
At Cowboy Law Group, we have extensive experience defending clients against assault charges throughout The Woodlands, Houston, San Antonio, and Waco. Our legal team is committed to providing personalized legal representation and fighting for the best possible outcome in your case.
Contact the Cowboy Law Group Today
If you are facing assault charges, you must act quickly and get help from an experienced Texas criminal defense lawyer. The levels of assault in Texas vary significantly depending on the circumstances of the case, but even a minor charge can have lasting effects on your life. At the Cowboy Law Group, we are here to help you navigate the complexities of Texas assault laws and defend your rights.
Contact us today for a free consultation and to learn more about how we can assist you in your legal battle.