What Constitutes an Assault Charge in Texas?

What Constitutes an Assault Charge in Texas?

A heated argument. A single shove. Even a perceived threat. Actions you might not think twice about could lead to assault charges in Texas. The law casts a wide net, covering much more than just physical altercations.

This article unpacks what the law considers assault and the serious consequences that follow. If you or someone close faces charges, the right legal defense could change everything. San Angelo criminal defense lawyer can help you for the expert guidance. Call us (325) 437-3311 today!

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Classifications of Assault Charges

Simple Assault: A Range of Misdemeanors

Simple assault covers less severe incidents.

Whether it’s a verbal threat or minor physical injury, the charges escalate based on the specifics.

• Class C Misdemeanor:
  • Applies to cases of offensive contact or minor threats with no injury.
  • Penalty: A fine up to $500.
  • Example: Intentionally poking someone in an argument in a way they find provocative.
• Class B Misdemeanor:
  • Covers situations like threatening a person with credible harm or assault during a sporting event against a referee.
  • Penalty: Up to 180 days in jail and a fine up to $2,000.
• Class A Misdemeanor:
  • Involves causing bodily injury without aggravating factors like a weapon.
  • Penalty: Up to one year in jail and a fine up to $4,000.
  • Example: A bar fight where one person punches another, leaving them with a black eye.

Aggravated Assault: Felony Offenses

When the stakes increase—through weapons, severe injuries, or specific victims—the law shifts from misdemeanors to felonies.

• Second-Degree Felony:
  • Applies to cases where serious bodily injury occurs or when a deadly weapon is involved.
  • Penalty: 2–20 years in prison and up to a $10,000 fine.
  • Example: Breaking someone’s arm during a fight or brandishing a knife in a threatening manner.
• First-Degree Felony:
  • Reserved for the gravest assaults, such as those causing life-threatening injuries or targeting certain individuals like public servants or family members.
  • Penalty: Five to 99 years or life imprisonment, with up to a $10,000 fine.
  • Example: Shooting someone during an argument.

Factors That Elevate Assault Charges

Some assaults automatically result in higher charges due to the victim's status or the context of the crime:

Victim’s Status: Protected Individuals

Texas law prioritizes the safety of certain individuals due to the nature of their roles or relationships to the offender. 

Assaulting these individuals comes with enhanced charges:

• Public Servants:
  • Assaulting someone acting in an official capacity, such as police officers, firefighters, or emergency medical personnel, leads to harsher penalties under Texas Penal Code §22.01(b). The enhancement applies even if the injury is minor.
  • Example: Pushing an officer during a protest could elevate what would be a misdemeanor into a third-degree felony.
• Family and Household Members:
  • Assault involving family members, household members, or intimate partners triggers additional scrutiny under Texas Family Code §71.004. Specific acts, like choking or strangulation, result in felony charges.
  • Example: Grabbing a partner’s neck during an argument is prosecuted as a third-degree felony, regardless of visible injuries.
• Vulnerable Populations:
  • Crimes against the elderly, children, or disabled individuals often result in more severe charges under Texas Penal Code §22.04. The law considers these individuals less able to defend themselves, justifying the enhanced penalties.

Use of a Deadly Weapon

Introducing a deadly weapon during an assault fundamentally changes the nature of the crime. Even if no injuries occur, the use or exhibition of a weapon signals a threat that Texas courts take seriously.

• Definition of a Deadly Weapon:
  • Texas Penal Code §1.07 defines a deadly weapon as anything capable of causing death or serious bodily injury. Firearms, knives, and bats fall under this category, but even everyday objects (e.g., a car or a heavy tool) qualify if used dangerously.
• Impact on Charges:
  • The presence of a deadly weapon escalates the offense to aggravated assault, typically a second-degree felony. If the victim belongs to a protected category, it might rise to a first-degree felony.
  • Example: Threatening someone with a visible firearm during an argument elevates the assault, even if no harm occurs.

Severity of Injury: Bodily vs. Serious Bodily Harm

Texas law differentiates between injuries that cause temporary discomfort and those that alter someone’s life permanently.

The latter increases the stakes significantly.

• Bodily Injury:
  • As previously discussed, this includes pain or minor impairment, such as bruises or sprains. Misdemeanors generally address these cases unless aggravating factors apply.
• Serious Bodily Injury:
  • Defined under Texas Penal Code §1.07 as injuries that cause a substantial risk of death, permanent disfigurement, or long-term impairment of a body part. These cases lead to aggravated assault charges and felony-level penalties.
  • Example: A punch that fractures a skull and requires extensive medical intervention qualifies as serious bodily harm.

Common Defenses Against Assault Charges

When someone faces an assault charge in Texas, the law allows room to argue against the allegations based on intent, circumstances, and the accused’s actions. 

Each defense hinges on the specific facts of the case, providing a way to challenge the prosecution’s narrative or justify the actions taken.

Self-Defense

Texas Penal Code §9.31 establishes the right to use force if someone reasonably believes it is immediately necessary to protect themselves from another’s unlawful force.

This defense applies when the accused claims they reacted to a credible threat.

• Requirements for Self-Defense:
  • The force used must match the threat faced. Deadly force is only justifiable when the threat involves serious bodily harm or death.
  • The accused cannot provoke the incident or engage in criminal activity.
• Example:
  • During a confrontation, one person swings a bat at the accused, and the accused pushes them away, resulting in injuries. The push qualifies as self-defense if it stops an imminent attack.

Defense of Others

Similar to self-defense, Texas law permits using force to protect another person from harm.

The standards for justification mirror those of self-defense under §9.33.

• Key Elements:
  • The accused must reasonably believe the third party faced an immediate threat.
  • The force used must be proportionate to the perceived danger.
• Example:
  • A parent intervenes when someone threatens their child with physical harm, striking the aggressor to stop the threat.

Lack of Intent

Assault charges often rest on whether the accused acted intentionally, knowingly, or recklessly.

Proving you acted accidentally or lacked the required mental state undermines the prosecution’s case.

• How Lack of Intent Applies:
  • Accidental contact that caused harm doesn’t qualify as assault unless the prosecutor can prove intent or recklessness.
  • Example: Tripping and bumping into someone during a crowded event, resulting in injury, lacks the necessary intent for assault charges.

Consent

In specific contexts, the alleged victim’s agreement to the conduct can negate assault charges. This defense arises in situations where physical contact occurs within mutually agreed boundaries.

• Situations Where Consent Applies:
  • Contact sports, consensual altercations, or activities where physical interaction is expected.
  • Example: During a boxing match, one participant accuses the other of assault for an injury sustained during a fair strike. Consent to the fight invalidates the claim.

Challenging the Evidence

Assault cases rely heavily on evidence, including witness statements, medical records, and video footage.

Discrediting this evidence or showing inconsistencies can weaken the prosecution’s argument.

• Strategies to Challenge Evidence:
  • Demonstrating that injuries occurred outside the accused’s actions.
  • Highlighting contradictions in witness accounts.
  • Arguing that the evidence doesn’t support claims of intent or harm.

Practical Implications of an Assault Charge

Assault charges bring more than courtroom battles—they ripple across every aspect of a person’s life.

Impact on Criminal Record

A conviction for assault, whether misdemeanor or felony, embeds itself in a person’s criminal history. Texas does not automatically expunge or seal convictions, making the record accessible to employers, landlords, and licensing boards.

• Employment Challenges:
  • Many employers hesitate to hire individuals with violent offenses on their records, viewing them as high-risk candidates.
  • Fields like education, healthcare, and law enforcement have strict regulations barring applicants with assault convictions.
• Housing Obstacles:
  • Background checks during rental applications reveal convictions, giving landlords grounds to deny housing.
  • A felony conviction carries the stigma of potential liability, further narrowing housing opportunities.

Legal Repercussions Beyond Sentencing

The legal effects of an assault conviction do not stop at jail time or fines. Convictions impose restrictions that alter daily life.

• Loss of Rights:
  • Felony assault convictions strip individuals of key civil rights, including the right to vote and own firearms.
  • Texas Penal Code §46.04 explicitly prohibits firearm possession for individuals with family violence convictions.
• Restitution Orders:
  • Courts may require defendants to compensate victims for medical bills, lost wages, or emotional distress.
  • This financial burden adds a layer of accountability beyond standard penalties.
• Probation Terms:
  • Misdemeanor and felony convictions frequently include probation, requiring compliance with strict conditions such as mandatory counseling, regular check-ins, or community service.

Immediate Consequences: Arrest and Bail

The legal process begins long before a trial. From the moment of arrest, individuals experience life-altering disruptions.

• Booking and Bail:
  • Arrests for assault charges lead to detainment until bail is set or denied, depending on the severity of the offense and the accused’s prior record.
  • Higher classifications, like aggravated assault, typically result in higher bail amounts or pretrial detention without bond.
• Restraining Orders:
  • Judges frequently issue protective orders, especially in domestic assault cases, restricting contact between the accused and the victim.
  • Violating these orders constitutes an additional criminal offense, compounding the accused’s legal troubles.

Social Stigma and Personal Relationships

An assault charge affects how others perceive the accused, regardless of the outcome.

This stigma alters personal relationships and community ties, further isolating individuals.

• Family Strain:
  • Domestic violence accusations often lead to family separation, custody disputes, or estrangement.
  • Protective orders in family violence cases can prevent the accused from seeing their children or entering shared homes.
• Community Reputation:
  • A criminal charge, even without conviction, damages reputations. Accusations spread quickly, making it difficult to rebuild trust within social circles or professional communities.

Defend Your Future With the Law Offices of David M. White

A single accusation holds the power to reshape your life. Assault charges affect your freedom, reputation, and future opportunities. But remember, an accusation isn’t the end of the story—it’s the beginning of your defense.

At the Law Offices of David M. White, we build strategies tailored to your case, using the facts, the law, and our experience to protect our clients’ futures. Don’t let an assault charge define yours. Call us today at (325) 437-3311 and take the first step toward reclaiming your peace of mind.

Schedule a free consultation