A heated argument escalates at a Texas bar, leading to shouts, shoving, and a flurry of accusations.
Before you know it, you’re facing Texas assault charges that could drastically alter your future.
But what is the lowest charge of assault in Texas? You may feel like you have no control over the situation.
However, learning about your rights and the various levels of assault charges can help you get your mind around what is happening and give you the strength to take action.
Our San Antonio assault defense attorneys will explain what you should know.
Please don’t hesitate to contact us online or call (210) 455-1000 today for a free consultation.
What Do Assault Charges Mean?
In Texas, assault charges range widely in severity, depending on the circumstances of the incident and the injuries inflicted.
The Texas Penal Code § 22.01 defines assault as:
- Intentionally, knowingly, or recklessly causing bodily injury to another;
- Threatening another with imminent bodily injury; or
- Touching or physically contacting someone in a manner that is offensive or provocative.
Understanding the distinctions between these offenses could help you manage your case.
Types Of Assault Charges In Texas
State law recognizes a range of assault charges, each varying in severity and potential consequences.
Class C Misdemeanor Assault
This is often referred to as simple assault, the lowest assault charge.
It involves intentionally or knowingly causing physical contact with another person when you know the person will regard it as offensive or provocative. This charge carries a fine of up to $500. Jail time is not typically associated with this level of offense.
Class A Misdemeanor Assault
This charge is more serious and is frequently used when someone intentionally, knowingly, or carelessly causes bodily harm to another person, even minor injuries. A conviction can result in a maximum sentence of one year in prison and a fine of up to $4,000.
Aggravated Assault
Aggravated assault charges are classified as felonies, and they carry more severe penalties. It refers to inflicting serious bodily injury on another person or using or displaying a deadly weapon during the assault.
Penalties can range from 2 to 20 years in prison and a fine of up to $10,000 for a second-degree felony. If the State finds certain aggravating factors—like family violence—to be involved, the prosecutor can charge you with a first-degree felony. This level charge could result in 5 to 99 years or life in prison, plus a fine of up to $10,000.
Assault Against A Public Servant Or Family Member
This includes assaulting a member of your family or household, a public official, or an emergency services worker. Certain circumstances, such as the accuser’s status or relationship to the accused, can elevate the charge. Classified as third-degree felonies, these crimes carry 2 to 10 years in prison and fines of up to $10,000.
Sexual Assault
Texas law defines sexual assault as any intentional sexual contact or penetration without the victim’s consent, such as when the accuser is coerced, physically unable to resist, or a minor.
Generally classified as a second-degree felony, this offense carries penalties of 2 to 20 years in prison and fines of up to $10,000.
Aggravated sexual assault—which involves additional factors like the use of a deadly weapon or causing serious bodily injury—is a first-degree felony with harsher penalties, including 5 to 99 years or life in prison.
Let’s look at how the severity of these charges affects potential penalties.
How Much Time Can You Get For Assault In Texas?
Within the categories above and depending on the presence or absence of aggravating circumstances, the prosecutor can charge you with varying degrees of assault.
Let’s look at a quick overview of the potential punishments you could receive for an assault conviction based on the level of severity.
- Class C misdemeanor—no jail time, fines up to $500;
- Class A misdemeanor—up to one year in jail and a fine of up to $4,000;
- Third-degree felony—2 to 10 years in prison and fines up to $10,000;
- Second-degree felony—2 to 20 years in prison and fines up to $10,000; and
- First-degree felony—5 to 99 years or life in prison, with fines up to $10,000.
The sentence you receive depends on evidence, circumstances, and the strength of your defense.
How Fowlks Law Firm Can Help
When facing assault charges, you need a skilled advocate by your side. An experienced defense attorney isn’t just someone who files paperwork; they’re your strategist, your advocate, and your guide through the complexities of the law.
Here are some of the many services we provide.
- Unravel the evidence. Your attorney meticulously examines every detail, searching for inconsistencies and weaknesses in the prosecution’s case.
- Negotiate for the best outcome. They will leverage weaknesses in the State’s case to explore and negotiate options like reduced charges and alternative sentencing. Our goal is always to achieve the best possible result, given your specific circumstances.
- Build a strong defense. Your attorney acts as your investigator, uncovering evidence that supports your case, deposing witnesses, and thoroughly inspecting every aspect of your case. They will file motions to suppress evidence if law enforcement violated your rights, and they will use their legal acumen to strategize the best defense possible.
- Amplify your voice in court. From pretrial motions to courtroom arguments, your attorney fights for your rights. If your case goes to trial, they will emphasize weaknesses in the State’s evidence and present compelling arguments in your defense.
Our knowledgeable assault defense attorney can significantly improve the outcome of your case.
Take The First Step Toward Your Second Chance
Facing assault charges doesn’t define who you are, but how you respond can shape your future. At Fowlks Law Firm, we believe everyone deserves an opportunity to move forward. Our dedicated team is prepared to fight for you with compassion, skill, and experience.
Whether you’re taking your first step or reclaiming your future, we’re here to support you. We can build a strategy that protects your rights, freedom, and reputation.
Contact us online or call (210) 455-1000 today for a free, confidential consultation.
Resources:
- Appendix K – Offense Codes. Texas Department of Public Safety, link
- Penal Code Offenses. Texas Office of Attorney General, link (pg. 11-17)
- Assault and Battery, Texas Law Help (2024), link
- Texas Penal Code § 22.011, link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
