Table of Contents
- Assault by Threat: Can You Be Charged Without Touching Someone?
- Texas Penal Code: Assault by Threat Defined
- Examples of Assault by Threat
- What Makes a Threat “Imminent”?
- Can Words Alone Lead to Criminal Charges?
- Penalties for Assault by Threat in Texas
- Class C Misdemeanor
- When Can Assault by Threat Become More Serious?
- Defending Against Assault by Threat Charges
- Lack of Intent
- No Imminent Threat
- Mutual Confrontation
- False Accusation
- Why You Need a Criminal Defense Attorney Near You
- What to Do If You’ve Been Charged
- Final Thoughts
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Assault by Threat: Can You Be Charged Without Touching Someone?
When most people hear the word “assault,” they immediately think of physical violence—fistfights, injuries, or altercations that leave someone bruised. But under Texas law , you can be charged with assault without ever laying a finger on another person .
Yes, threatening someone verbally or with your actions alone can be enough to land you in handcuffs, particularly in Harris and Galveston Counties , where law enforcement and prosecutors take all forms of assault seriously.
In this post, we’ll explain how “assault by threat” works under Texas law, what prosecutors need to prove, the consequences you could face, and why hiring a lawyer near you is critical if you’ve been charged.
Texas Penal Code: Assault by Threat Defined
Under Texas Penal Code § 22.01(a)(2) , a person commits assault if they:
“Intentionally or knowingly threaten another with imminent bodily injury, including the person’s spouse.”
That means you don’t have to cause physical harm—or even make contact. The threat itself is enough , as long as it meets certain conditions.
To convict someone of assault by threat, prosecutors must show that:
Examples of Assault by Threat
Here are some real-world examples that can result in assault by threat charges in Texas:
Each of these examples could lead to an assault by threat charge—even if the confrontation never turns physical.
What Makes a Threat “Imminent”?
Texas law requires that the threatened harm be imminent , not vague or hypothetical. Saying “One day, I’ll hurt you” likely wouldn’t qualify. But “I’m going to hurt you right now” or threatening someone’s safety while advancing toward them would.
The key question is whether the person reasonably believed they were in immediate danger at that moment.
Can Words Alone Lead to Criminal Charges?
Absolutely. You don’t have to carry a weapon or even raise your voice. If your words or tone of voice , when combined with your body language , make someone reasonably fear for their safety, that can be enough to support a charge.
However, context matters . A sarcastic comment made in jest during a casual conversation may not qualify. But the same words, shouted in anger during a confrontation, can become criminal.
That’s why it’s so important to have a criminal defense attorney near you who can examine the evidence and challenge how the threat was perceived and interpreted.
Penalties for Assault by Threat in Texas
Assault by threat is usually charged as a Class C misdemeanor , which is the lowest level criminal offense in Texas. However, the consequences should not be underestimated.
Class C Misdemeanor
That record can appear on background checks, affecting your job, housing, or future legal matters—especially in family law or custody disputes.
When Can Assault by Threat Become More Serious?
The charge can be enhanced based on:
In those cases, a Class C misdemeanor could escalate to a Class A misdemeanor or even a felony , with penalties including:
In Harris and Galveston Counties , prosecutors frequently pursue enhancements when there’s a history of conflict or domestic violence.
Defending Against Assault by Threat Charges
Being charged with assault by threat does not mean you’re guilty . There are several legal defenses your attorney can raise:
Lack of Intent
You never intended to threaten the person, and your actions or words were misunderstood or taken out of context.
No Imminent Threat
The alleged threat was vague, distant, or not actionable in the moment.
Mutual Confrontation
Both parties were engaged in a heated argument, and neither was truly in fear of the other.
False Accusation
Unfortunately, people sometimes file false reports out of anger, revenge, or emotional conflict—especially in domestic or workplace disputes.
A skilled lawyer near you can interview witnesses, analyze surveillance footage or text messages, and build a defense strategy that challenges the prosecution’s claims.
Why You Need a Criminal Defense Attorney Near You
Assault by threat charges may sound minor, but the long-term consequences are very real. A conviction—no matter how small the fine—creates a criminal record that can follow you for life.
The Law Office of JL Carpenter understands the nuances of these charges and how they play out in Harris and Galveston County courts . As a former felony prosecutor , JL knows how the other side builds their case—and how to dismantle it.
What to Do If You’ve Been Charged
If you’re under investigation or have been cited for assault by threat:
Every hour you wait gives the prosecution a head start.
Final Thoughts
Yes, you can be charged with assault in Texas without ever touching someone . Words and actions alone—when interpreted as threats—can lead to criminal charges, court dates, and permanent consequences.
But with the right defense strategy, many of these cases can be reduced, dismissed, or diverted . Don’t take chances.
Talk to a lawyer near you who knows how to defend assault by threat cases—and can help protect your future.
