Imagine this: you’re walking through a crowded store, arms full of items, and accidentally stumble and fall into someone who loses their balance and lands on the floor.
They are hurt and angry and think you did it on purpose.
Or maybe you’re at a lively gathering, wildly gesturing while telling a story, and someone misinterprets your enthusiasm as threatening to them.
Suddenly, what seemed like an innocent accident or a misunderstanding spirals into a criminal accusation of assault.
You’re bewildered, confused, and scared. You didn’t mean to harm anyone, yet here you are, facing criminal charges and the weight of the Texas legal system.
If this sounds familiar, know that you’re not alone—and you don’t have to navigate a charge of misdemeanor assault in Texas on your own.
As your legal advocate, our goal is to help you understand what you’re up against, build a strong defense, and fight to protect your future from the lasting consequences of a misdemeanor assault conviction.
Request your free consultation with an experienced assault defense attorney in San Antonio, Texas by calling (210) 455-1000 or reaching us online today.
What Is Misdemeanor Assault In Texas?
Under Texas law, assault is broadly defined and can encompass a range of actions that vary in severity.
According to Texas Penal Code § 22.01, an assault charge can arise if a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another person;
- Threatens another person with imminent bodily injury; or
- Engages in physical contact with another person, knowing it will be offensive or provocative.
When assault does not involve severe bodily harm or the use of a weapon, the State typically charges it as a misdemeanor.
Essential Elements Of A Misdemeanor Assault Charge
To secure a conviction for misdemeanor assault, the prosecutor must prove the following elements beyond a reasonable doubt:
- You intentionally, knowingly, or recklessly caused bodily injury to another person or threatened them with imminent bodily injury; and
- Your actions caused the alleged victim to fear imminent harm or resulted in actual bodily injury.
Failure to prove these essential elements may result in dropped charges or an acquittal at trial.
Types Of Misdemeanor Assault Charges
Misdemeanor assault in Texas is categorized into three distinct charge levels: Class A, Class B, and Class C misdemeanors. The classification depends on the nature of the incident, the severity of the actions, and the relationship between the parties involved.
Class A Misdemeanor Assault In Texas
This is the most serious misdemeanor assault charge. It applies when a person knowingly or recklessly causes bodily injury to another individual, even if the injuries are minor.
An example is punching someone during an argument or shoving someone hard enough to cause bruising or pain. Convictions can result in up to one year in county jail, a fine of up to $4,000, or both.
Class B Misdemeanor Assault In Texas
Although less severe than Class A, Class B assault is rare and is defined as a non-sports actor threatening a sports participant or official with physical harm or causing offensive contact with them.
Offensive bodily contact or injury to emergency personnel or security officers can also form the basis for such a charge. Class B assault is punishable by up to 180 days in jail, a fine of up to $2,000, or both.
Class C Misdemeanor Assault In Texas
This is the least serious type of misdemeanor assault charge and involves situations where physical contact occurs but no actual bodily injury results—for example, touching or bumping someone offensively or provocatively, such as during a heated argument.
This is often referred to as Class C assault in Texas or simple assault, and it results in a fine of up to $500 with no jail time.
Long-Term Consequences Of Misdemeanor Assault Charges
Even though misdemeanor charges may seem minor, they can have lasting impacts beyond fines and jail time.
A conviction for misdemeanor assault charges can:
- Appear on your permanent criminal record, potentially affecting employment opportunities well into the future;
- Impact professional licenses or certifications;
- Create challenges in renting housing; and
- Result in probation requirements, community service, or mandatory anger management programs.
These consequences can significantly impact your future. If you are facing misdemeanor assault charges, it is important to seek legal guidance to understand your rights and options.
Strategies For Defending Against Misdemeanor Assault Charges
A strong defense strategy is essential to fight these charges and protect your future. Let’s look at some common defenses for misdemeanor assault in Texas.
Self-Defense
This could be a valid defense if you were protecting yourself or another person from immediate harm. Your attorney can argue that your actions were necessary to prevent further danger.
Defense Of Property
Defending your property from theft or damage can sometimes justify your actions. For example, pushing someone attempting to vandalize your car could be a reasonable response.
Provocation
Your attorney may argue that the alleged victim instigated the situation by provoking you, leading to your reaction. Gathering evidence and witnesses to support this defense in court will be necessary.
Consent
If the other party consented to the physical interaction, such as during a mutual fight, this can serve as a defense.
Lack Of Intent
Intent is a crucial factor in many misdemeanor assault cases. If the contact or harm was truly accidental, you may argue that no crime occurred due to the lack of intent.
Mistaken Identity
Misunderstandings or errors in identifying the alleged assailant can result in wrongful accusations. If you claim mistaken identity, the burden remains on the prosecution to prove that it was you who committed the assault.
However, if your lawyer thinks it prudent, they can present alibi evidence or other evidence calling the ID into question.
The Value Of A Skilled Attorney For Your Misdemeanor Assault Case
Misdemeanor assault charges can have serious consequences, including hefty fines, jail time, a criminal record that can impact your employment and housing opportunities, and court-ordered anger management classes.
Experienced attorney Justin Fowlks can help you navigate the complexities of the Texas legal system, explore all possible defenses, and fight for the best possible outcome in your case.
Your Guide During This Difficult Time
With the right legal help, you can fight misdemeanor assault in Texas and work toward a resolution that protects your freedom, reputation, and future.
At Fowlks Law Firm, we have a proven track record of successfully defending clients in misdemeanor assault cases. Our compassionate yet aggressive approach ensures that every possible defense is explored.
Send us an online message or call (210) 455-1000 today for a free consultation.
Resources:
- Texas Penal Code Sec. 1.07, link
- Texas Penal Code Sec. 9.14, link
- Appendix K – Offense Codes. Texas Department of Public Safety, link
- Penal Code Offenses. Texas Office of Attorney General, link (pg. 11-17)
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.
