Texas Assault Laws: A Guide to Charges & Defenses

A heated argument that escalates. A misunderstanding at a school event. A night out that ends in a confrontation. In the blink of an eye, a moment of poor judgment can lead to a police report, an arrest, and a criminal charge that threatens your freedom, your reputation, and your future. In Texas, few charges are as common—or as fact-specific—as assault.

If you or a loved one is facing an assault charge in San Antonio or anywhere in Bexar County, the situation can feel terrifying and confusing. You may be wondering: Is this a misdemeanor or a felony? Will I go to jail? What if the other person started it? What if I was just trying to defend myself?

At Barton & Associates, Attorneys at Law, with offices in San Antonio, Austin, and Corpus Christi, we understand the fear and uncertainty that comes with a criminal charge. Led by Gary J. Barton, our experienced criminal defense team has successfully defended countless clients against a wide range of assault allegations. We know that the prosecution’s story is not the only story, and we know how to uncover the facts that can make all the difference.

This guide provides a clear, detailed breakdown of Texas assault laws, from the lowest-level misdemeanor to the most serious felony charges, and the powerful defenses that can protect your rights. Understanding the law is your first step. Securing an aggressive legal advocate is your most critical move.

The Foundation: What Constitutes Assault in Texas?

Under the Texas Penal Code (§ 22.01), the legal definition of assault is broader than many people realize. It is not limited to physical violence that causes a visible injury. In Texas, a person commits an assault if they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person, including the person’s spouse.
• Intentionally or knowingly threaten another person with imminent bodily injury. (No physical contact is required for this type of assault).
• Intentionally or knowingly cause physical contact with another person when they know or should reasonably believe that the other person will regard the contact as offensive or provocative. (This can include acts like spitting on someone or unwanted touching).

This means an assault charge can stem from a physical fight, a verbal threat made in anger, or even an unwanted touch. The specific circumstances, the relationship between the people involved, and the presence of any weapons will determine the severity of the charge.

Misdemeanor Assault Charges in Texas

Most simple assault cases are charged as misdemeanors. The level of the misdemeanor depends on the specific facts of the case.

Class C Misdemeanor: Assault by Threat or Offensive Contact

This is the least severe level of assault charge. It typically applies to cases involving threats of bodily injury (without any physical contact) or offensive physical contact (like a push or slap that causes no pain or injury).

• Penalties: A Class C misdemeanor is punishable by a fine of up to $500 only. It does not carry jail time.
• Jurisdiction: These cases are handled in Justice of the Peace courts or municipal courts, not in the county criminal courts.

Class B Misdemeanor: Assault Causing Bodily Injury

This charge applies when a person causes bodily injury to another, but the victim is not a family member, household member, or a member of a specially protected class (like a sports official or elderly individual). “Bodily injury” is defined as physical pain, illness, or any impairment of physical condition. This can be anything from a bruise to a cut.

• Penalties: A Class B misdemeanor is punishable by:
  • Jail Time: Up to 180 days in county jail.
  • Fine: A fine of up to $2,000.

Class A Misdemeanor: Assault Causing Bodily Injury (with key enhancements)

This is the most serious misdemeanor assault charge. A case becomes a Class A misdemeanor under specific circumstances:

• Assault Causing Bodily Injury to a Family Member (Simple Assault Family Violence): When the victim is a family or household member, or a person with whom the defendant has or has had a dating relationship, the charge is elevated to a Class A misdemeanor. This is often referred to as “domestic assault.”
• Assault Causing Bodily Injury to a Vulnerable Victim: This includes charges against the elderly or disabled individuals.
• Assault with a Threat Against a Public Servant, Security Officer, or Emergency Services Personnel: Threatening these individuals in specific contexts can result in a Class A charge.
• Penalties: A Class A misdemeanor is punishable by:
  • Jail Time: Up to 1 year in county jail.
  • Fine: A fine of up to $4,000.

Felony Assault Charges in Texas

When the circumstances become more severe, assault charges escalate to felonies, carrying prison sentences and life-altering consequences.

Aggravated Assault: A Second-Degree Felony

Aggravated assault is a significant step up from misdemeanor assault. Under Texas Penal Code § 22.02, an assault becomes “aggravated” if the person commits assault (either by causing bodily injury or by threat) and:

• Causes Serious Bodily Injury to another person. “Serious bodily injury” is defined as injury that creates a substantial risk of death, causes permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ.
• Uses or Exhibits a Deadly Weapon during the commission of the assault. A deadly weapon can be anything designed to cause death or serious bodily injury (like a gun or knife) or anything that is used in a manner capable of causing death or serious bodily injury (like a vehicle, a baseball bat, or even hands in some circumstances).
• Penalties: Aggravated assault is typically a second-degree felony, punishable by:
  • Prison Time: 2 to 20 years in the Texas Department of Criminal Justice (TDCJ).
  • Fine: A fine of up to $10,000.

Aggravated Assault with Special Enhancements: A First-Degree Felony

The charge is elevated to a first-degree felony in specific, serious situations, including:

• Aggravated Assault Against a Public Servant: If the victim is a peace officer, firefighter, or emergency medical services personnel who was lawfully discharging an official duty, and the defendant knew their status.
• Aggravated Assault with a Deadly Weapon by a Felon: Committed by someone who has a prior felony conviction.
• Penalties: A first-degree felony is punishable by:
  • Prison Time: 5 to 99 years, or life, in TDCJ.
  • Fine: A fine of up to $10,000.

Other Felony Assaults

• Assault on a Peace Officer or Family Violence Assault with Prior Convictions: Under certain circumstances, these charges can also be elevated to third-degree felonies, carrying 2 to 10 years in prison.

The Critical Issue of “Family Violence”

You will notice the term “family violence” or “dating violence” appears frequently. This is not a separate criminal charge itself, but a “finding” that can be attached to an assault conviction. The presence of a family violence finding has severe and long-lasting consequences beyond the criminal penalties.

• Impact on Firearm Rights: A conviction for assault involving family violence (even a misdemeanor) results in a federal prohibition on possessing a firearm. This is a lifetime ban.\
• Impact on Child Custody: In any family law case involving children, a finding of family violence is a factor a court must consider when making custody and visitation determinations. It can severely limit your parental rights.
• Impact on Immigration Status: For non-citizens, a family violence conviction can have devastating immigration consequences, including deportation.
• Impact on Employment: A family violence finding on your record can bar you from many professions, particularly those involving work with children, the elderly, or in law enforcement.

Powerful Defenses to Assault Charges in Texas

Facing an assault charge does not mean a conviction is inevitable. The prosecution must prove every element of the crime beyond a reasonable doubt. An experienced criminal defense attorney can build a powerful defense by challenging their case on multiple fronts.

1. Self-Defense (or Defense of Others)

Texas has a strong tradition of protecting the right to self-defense. Under Texas Penal Code § 9.31, a person is justified in using force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other person’s use or attempted use of unlawful force. The key questions are:

• Was the belief reasonable? Would a reasonable person in the same situation believe force was necessary?
• Was the force proportional? You cannot use deadly force in response to non-deadly force.
• Were you the initial aggressor? Generally, a person who provokes a fight cannot then claim self-defense.

2. Defense of Property

Texas law also allows for the use of force to protect your property (land or tangible, movable property) under certain circumstances (Texas Penal Code § 9.41, 9.42).

3. Lack of Intent

Assault requires a culpable mental state: intentionally, knowingly, or recklessly causing the result. If the contact was truly accidental, there is no crime. For example, if you accidentally bumped into someone in a crowd, you did not commit assault.

4. False Allegations

Sadly, assault charges, particularly those involving family or dating violence, are sometimes based on false allegations made out of anger, revenge, or to gain an advantage in a contentious divorce or custody battle. Your attorney can investigate inconsistencies, gather evidence, and find witnesses to expose the truth.

5. Insufficient Evidence

The prosecution’s case may rely heavily on the word of one alleged victim. If there are no independent witnesses, no video footage, and no significant injuries, your attorney can argue that the state has failed to meet its burden of proof.

Why You Need Barton & Associates for Your Assault Defense

An assault charge, whether a misdemeanor or a felony, is a serious matter with consequences that can follow you for a lifetime. Navigating the complexities of the Texas Penal Code, the local court system in Bexar County, and the nuances of defenses like self-defense requires a skilled and experienced legal team.

At Barton & Associates, Attorneys at Law, we provide the aggressive, strategic representation you need. Gary J. Barton and his team bring decades of combined experience defending clients against all types of assault charges throughout Texas. We understand the stakes, and we know how to fight. We will:

• Conduct a Thorough Investigation: We will leave no stone unturned, gathering all police reports, witness statements, video footage (from dashcams, bodycams, or cell phones), and any other evidence that can tell your side of the story.
• Scrutinize the State’s Case: We will meticulously examine every detail of the prosecution’s evidence for weaknesses, inconsistencies, and constitutional violations.
• Develop a Powerful Defense Strategy: Whether it’s asserting self-defense, challenging the credibility of an accuser, or fighting to suppress illegally obtained evidence, we will build the strongest possible case on your behalf.
• Protect Your Rights and Your Future: We are committed to achieving the best possible outcome, whether that means getting charges reduced, dismissed, or winning an acquittal at trial. We will also work to minimize the collateral consequences of a conviction, especially concerning family violence findings.

Take the First Step Toward Protecting Your Future

Being charged with assault in San Antonio is a serious matter, but it does not have to define the rest of your life. With the right legal representation, you can navigate this challenge and work toward the best possible resolution.

You are not alone in this fight. Contact Barton & Associates, Attorneys at Law today for a free, confidential consultation. Let us review the details of your case and explain your rights and options. From our offices in San Antonio, Austin, and Corpus Christi, we stand ready to defend clients across Texas. Call us at 210-500-0000 or fill out our online form to schedule your appointment. Your future is too important to leave to chance.