HOUSTON ASSAULT ATTORNEY

What is assault in Texas?

Texas Penal Code §22.01 states that a person can be arrested and charged with simple assault if:

  • They recklessly, intentionally, or knowingly, cause bodily injury or harm to another person, including on one's own spouse

  • Threaten another with imminent bodily injury, including on one's own spouse

  • They intentionally or knowingly cause physical contact with another person when they knew or should have reasonably known that the other party will consider such contact as offensive or provocative.

Practically speaking, this makes the definition broad enough that you may be charged with assault even if you did not make any physical contact with the other party.

difference with aggravated assault

In Texas, simple assault is typically prosecuted ​as a misdemeanor. However, the following aggravating circumstances can bump up the charge all the way to a first degree felony assault. Accordingly, aggravated assault occurs when:

  • The assault was committed against a family member

  • The assault was committed against a public servant or government official

  • The assault caused serious bodily injury

  • A weapon was used or brandished during the assault

  • The assault was against a security officer​

what is the sentence for assault?

Depending on the seriousness of the charge and the facts of the case, sentences, penalties, fines, and other punishments for assault and aggravated assault convictions in Texas are as follows:

  • Class C Misdemeanor: Up to $500 fine

  • Class B Misdemeanor: Up to $2,000 fine, up to 180 days in jail

  • Class A Misdemeanor: Up to $4,000 fine, up to 1 year in jail

  • Third Degree Felony: Up to $10,000 fine, Up to 10 years in prison

  • Second Degree Felony: Up to $10,000 fine, 2-10 years in prison

  • First Degree Felony: Up to $10,000 fine, 5-99 years or life in prison.

NOTES:

  1. Please kindly note that Texas criminal justice law changes constantly. We make our best effort to keep information on this site updated, however, the information on this page may become inaccurate, invalid, or outdated before we can make the necessary updates.

  2. Data resources:​​

       (A)​ Texas Penal Code - TITLE 5. OFFENSES AGAINST THE PERSON

       (B)​ Texas Penal Code - TITLE 3. PUNISHMENTS

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