Texas Legal Definition of Assault Explained

Texas Legal Definition of Assault Explained In Texas, facing an assault charge can be a stressful and confusing experience. Whether it’s a verbal threat or physical altercation, the consequences can range from a small fine to significant prison time. Under Texas Penal Code § 22.01, the law outlines a broad definition of assault that can…

Apr 7, 2025

Texas Legal Definition of Assault Explained

In Texas, facing an assault charge can be a stressful and confusing experience. Whether it's a verbal threat or physical altercation, the consequences can range from a small fine to significant prison time. Under Texas Penal Code § 22.01, the law outlines a broad definition of assault that can surprise many people unfamiliar with the system.

In this post, you'll learn exactly how Texas defines assault, the levels of criminal charges, examples from real scenarios, and how the legal process works—particularly in Harris and Galveston Counties. Most importantly, you’ll understand why contacting an experienced attorney near you should be your next step.

What Is Assault Under Texas Law?

Texas Penal Code § 22.01 breaks assault into three primary actions:

Causing bodily injury to another person intentionally, knowingly, or recklessly.

Threatening another person with imminent bodily injury.

Causing offensive or provocative contact with another person intentionally or knowingly.

These definitions cover a broad range of actions—from a simple push during an argument to seriously injuring someone with a weapon. You don’t need to leave a bruise or cut to be arrested for assault. Even a threat or touching someone in a way they perceive as offensive could trigger criminal charges.

Classifications of Assault in Texas

Texas law classifies assault based on severity, intent, and victim status. Let’s break it down:

Class C Misdemeanor Assault

What it is: Offensive or provocative contact (e.g., shoving or poking during an argument).

Penalty: Fine up to $500.

No jail time, but it still creates a criminal record that can impact employment or housing.

Class A Misdemeanor Assault

What it is: Causing bodily injury to another person, even minor injuries.

Penalty: Up to 1 year in county jail and/or a fine of up to $4,000.

Class A misdemeanors are the most commonly filed assault charges in Harris and Galveston Counties.

Felony Assault Charges in Texas

Felony charges are much more serious. These include:

Third-Degree Felony Assault

What it is: Assault against:

A public servant
A family or household member with prior domestic violence conviction
Emergency services personnel or security officers

Penalty: 2 to 10 years in prison, and up to a $10,000 fine

Second-Degree Felony Assault

What it is: Aggravated Assault, involving:

Serious bodily injury
Use of a deadly weapon

Penalty: 2 to 20 years in prison, and up to a $10,000 fine

In Galveston and Harris County, second-degree felony assault charges often come up in domestic violence cases where a weapon is involved or serious injury is sustained.

Real-Life Examples of Assault Charges

Understanding the law is easier when you see it in action. Here are some examples:

Class C Misdemeanor: You push someone during a verbal disagreement in a parking lot. No injury, but they claim it was offensive.

Class A Misdemeanor: You punch a coworker during a heated argument. They walk away with a black eye.

Third-Degree Felony: You slap a police officer during a protest.

Second-Degree Felony: You use a belt or bat to strike your partner, causing serious bruising and fractures.

Even if the victim doesn’t press charges, law enforcement in Texas can—and often will—proceed with prosecution.

Legal Process for Assault Cases in Harris and Galveston Counties

If you're arrested for assault, here's what you can expect:

1. Arrest and Booking

Police will arrest you and book you into the county jail. This record becomes part of your criminal history immediately.

2. Magistration

You appear before a magistrate judge who reads your charges and sets bail.

3. Arraignment

You formally hear your charges and enter a plea: guilty, not guilty, or no contest.

4. Pre-Trial Process

Your attorney will request evidence from the prosecution, file motions, and potentially negotiate a plea deal.

5. Trial

If a plea isn't reached, your case goes to trial—either bench or jury. Witnesses, evidence, and arguments are presented.

6. Sentencing

If found guilty, sentencing is determined by law and any mitigating/aggravating factors.

At every stage, having a lawyer near you who knows the court procedures in Galveston and Harris County can dramatically change the outcome.

Common Legal Defenses to Assault in Texas

Several defenses can apply depending on the facts of your case:

Self-Defense: You acted to protect yourself from immediate harm.

Defense of Others: You intervened to protect someone else from violence.

Lack of Intent: The injury or contact was accidental.

Consent: The alleged victim agreed to the physical interaction (e.g., during sports or mutual combat).

An attorney near you will analyze evidence, witness statements, and police reports to determine the best possible defense.

Why You Should Call an Attorney Near You Immediately

Assault charges can turn your life upside down—professionally, financially, and personally. A criminal conviction can follow you for years, impacting everything from job applications to family court decisions.

That’s why your next move should be calling an experienced lawyer near you who focuses exclusively on criminal defense in Texas.

The Law Office of JL Carpenter has successfully represented individuals in both Harris and Galveston Counties facing all levels of assault charges. As a former felony prosecutor, J.L. knows how the other side builds its case—and how to tear it down.

Final Thoughts: Take Assault Charges Seriously—But Don't Panic

An assault charge in Texas is serious, but it doesn't have to define your future. With the right legal team and a strategic defense, it's often possible to reduce the charge—or dismiss it altogether.

Call the Law Office of JL Carpenter at (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule your confidential consultation.

Let a lawyer near you guide you through the system, fight for your rights, and help you move forward.

Texas Legal Definition of Assault Explained