Simple Assault: Texas Laws and Penalties

In Texas, simple assault may sound like a minor offense—but it can still carry serious legal consequences, especially if you're unfamiliar with the difference between a Class C misdemeanor and a Class A misdemeanor.

From a heated argument that turns physical to an offensive gesture that crosses a line, simple assault charges in Texas often arise from everyday situations. Whether you're in Harris County or Galveston County, knowing how these charges work is critical to protecting your rights and your record.

In this post, we’ll explain:

What “simple assault” means under Texas law

The difference between Class C and Class A misdemeanors

Real-life examples of each

What penalties you could face

Why hiring a lawyer near you is still essential—even for a “simple” charge

What Is Simple Assault in Texas?

Simple assault in Texas is defined under Texas Penal Code § 22.01. It includes a range of actions where no serious bodily injury occurs and no deadly weapon is used.

A person commits simple assault if they:

Intentionally, knowingly, or recklessly cause bodily injury to another person

Threaten someone with imminent bodily injury

Cause physical contact that the other person regards as offensive or provocative

Simple assault does not include serious injuries, weapons, or aggravating factors like family violence or assault against public servants. Those are classified as aggravated assault or enhanced offenses.

Class C Misdemeanor Simple Assault

Legal Definition:

Intentionally or knowingly threatens someone with imminent bodily injury

Or makes offensive or provocative physical contact without causing injury

Examples:

Shoving someone during an argument

Spitting on someone

Poking someone in the chest in a threatening manner

Yelling “I’ll hurt you!” while aggressively approaching someone

Penalties:

Fine up to $500

No jail time

Still results in a criminal record unless dismissed, deferred, or expunged

Court Jurisdiction:

Municipal court (if within city limits)

Justice of the Peace court (if outside city limits)

Even though it’s the lowest level charge, a conviction can impact:

Employment

Housing applications

Professional licensing

Family court or custody issues

Learn more about these cases in What Is Class C Assault in Texas?

Class A Misdemeanor Simple Assault

Legal Definition:

Intentionally, knowingly, or recklessly causing bodily injury to another person

Examples:

Punching someone in the face and leaving a bruise

Slapping someone hard enough to leave red marks

Pushing someone down, resulting in soreness or minor injury

Penalties:

Up to 1 year in county jail

Fine up to $4,000

Probation or deferred adjudication possible

Court Jurisdiction:

County Criminal Court (Galveston)

County Criminal Court at Law (Harris County)

Even if the victim isn’t seriously hurt, the fact that any pain or injury occurred allows prosecutors to charge you with Class A assault. And if the victim is a family or household member, that charge may come with an added “Family Violence” label.

Learn more about this distinction in Assault on a Family Member vs. Stranger in Texas Courts.

Real-Life Comparison: Class C vs. Class A

Scenario	Charge	Classification
You push someone during a verbal dispute but don’t hurt them	Class C Misdemeanor	Simple Assault by Offensive Contact
You punch someone and cause a bruise or swelling	Class A Misdemeanor	Simple Assault Causing Bodily Injury
You threaten to hurt your roommate during an argument	Class C Misdemeanor	Assault by Threat
You slap your dating partner and they report pain	Class A Misdemeanor	Assault – Family Violence

The line between Class C and Class A often comes down to one thing: injury. Even a minor one.

How These Charges Are Prosecuted in Harris and Galveston Counties

While both counties apply Texas law, their local approach can vary:

In Harris County:

Class C cases are often ticketed and processed in municipal courts

Class A cases are more likely to lead to arrest, jail time, and stricter plea conditions

More access to diversion programs for first-time offenders

In Galveston County:

Smaller dockets mean closer case scrutiny

Judges may order no-contact bond conditions for Class A charges

Prosecutors often push for anger management or probation terms

Get the full picture in How Assault Cases Are Handled Differently in Galveston County Courts

Can Simple Assault Be Dismissed?

Yes—especially if:

You have no prior record

The victim does not want to prosecute

Your attorney negotiates a pre-trial diversion or deferred adjudication

But don’t count on a dismissal without skilled legal advocacy. Even a Class C assault conviction creates a permanent criminal record unless expunged or sealed.

Your next move should be speaking with a criminal defense lawyer near you to explore all legal options before your court date.

Why You Shouldn’t Ignore a “Simple” Assault Charge

Too many people make the mistake of thinking a Class C or Class A assault charge will “go away” or “work itself out.” The truth is:

A Class C won’t get dismissed automatically

A Class A can lead to jail, fines, and a public record

Employers and landlords may see these convictions during routine background checks

Family violence designations can never be sealed or expunged

Even if no one was injured and you thought the situation was resolved, police and prosecutors may still press forward with charges.

That’s why your next step should be to contact the Law Office of JL Carpenter.

How a Lawyer Near You Can Help

At the Law Office of JL Carpenter, we’ve helped hundreds of people in Harris and Galveston Counties facing simple assault charges—from Class C threats to Class A injuries. As a former felony prosecutor, JL Carpenter understands both sides of the courtroom and knows how to negotiate, challenge evidence, and protect your future.

Your defense may include:

Self-defense or mutual confrontation

Lack of intent or misinterpretation of your actions

False allegations or overstatements by the alleged victim

Diversion programs or pre-trial dismissal

Final Thoughts

Even if no one was seriously hurt, a simple assault charge in Texas can still leave a permanent mark on your life. Whether you’re facing a Class C citation or a Class A arrest, the consequences are real—and the legal process can move quickly.

Don’t take chances.

Call the Law Office of JL Carpenter today at (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule your consultation with a knowledgeable lawyer near you who knows how to fight back.

Simple Assault: Texas Laws and Penalties