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Types of Assault Charges in Texas

Graham Norris

I founded Norris Legal Group to advocate for people who have been accused of a crime.

Last updated: Sept. 6, 2024

It can happen to anyone: in a matter of seconds, an encounter turns ugly and someone is accused of assault. Even if you’ve done nothing wrong, it’s scary to face criminal charges for assault in Texas.

This guide is here to help you understand the various types of assault charges in Texas so you know what to expect, how to protect yourself, and when to contact a Fort Worth assault lawyer.

Class C Assaults in Texas

Class C assaults are the least severe type of assault charges in Texas. These charges involve actions that might not cause physical harm but can still be considered offensive or threatening.

Definition and Examples

Class C assaults include:

  • Assault by Threat: Making a threat that causes someone to fear imminent harm, even if no physical contact occurs.
  • Assault by Contact: Offending someone through unwanted physical contact, such as spitting on them or throwing a drink in their face.

Examples:

  • Telling someone, “I’m going to hurt you,” and making them afraid, even if you don’t actually touch them.
  • Spitting on someone during an argument, causing them to feel offended and disrespected.

Consequences

The consequences of Class C assaults include:

  • Punishment: Class C misdemeanors are punishable by a fine of up to $500.
  • Criminal Record: These offenses can still affect your criminal record and have future implications, such as impacting your ability to find a job or rent an apartment.

Class A Misdemeanor Assaults in Texas

Class A misdemeanor assaults in Texas are more serious than Class C assaults and usually involve causing bodily injury to another person.

Definition and Examples

Class A misdemeanor assaults include:

Examples:

  • Getting into a bar fight and punching someone, causing them to have a bruise or other injury.
  • Slapping a family member during an argument, resulting in pain or visible injury.

Consequences

The consequences of Class A misdemeanor assaults include:

  • Punishment: These offenses are punishable by up to one year in county jail and/or a fine of up to $4,000.
  • Additional Consequences for Family Violence: If the assault involves a family member, there can be additional consequences, such as a permanent criminal record, losing your right to own a gun, and facing difficulties in custody battles or background checks for jobs and housing.

Aggravated Assault in Texas

Aggravated assault is a more severe form of assault that often involves the use of a deadly weapon or causes serious bodily injury. This type of assault can lead to significant legal consequences.

Definition and Examples

Aggravated assault includes:

  • Use of a Deadly Weapon: Using or showing a deadly weapon, such as a firearm, during an assault.
  • Serious Bodily Injury: Causing serious physical injury to another person.

Examples:

  • Threatening someone with a gun during an argument, causing them to fear for their life.
  • Hitting someone in a fight and causing permanent disfigurement or life-threatening injuries.

Read more: How to Get Terroristic Threat Charges Dropped in Texas

Consequences

The consequences of aggravated assault include:

  • Punishment: Aggravated assault is typically a second-degree felony, punishable by 2-20 years in prison and a fine of up to $10,000.
  • Long-Term Impact: A felony conviction can lead to the loss of certain civil rights, such as the right to vote or own a firearm. It can also make it difficult to find employment or housing.

Assault by Threat in Texas

Assault by threat involves making a threat that puts another person in fear of imminent harm, even if no physical contact occurs.

Definition and Examples

Assault by threat includes:

  • Making a Threat: Verbally or through actions, causing someone to fear imminent harm.

Examples:

  • Telling someone you are going to hurt them in a way that makes them believe you are serious and they are in immediate danger.
  • Waving a fist in someone’s face during an argument, causing them to fear they will be hit.

Consequences

The consequences of assault by threat include:

  • Punishment: This is typically a Class C misdemeanor, punishable by a fine of up to $500.
  • Criminal Record: Even a class C misdemeanor can leave a stain on your record and affect your future opportunities.

Family Violence Assault in Texas

Family violence assault involves harming or threatening harm to a family member or someone in your household. In Texas,  these cases carry additional consequences due to the nature of the relationship.

Definition and Examples

Family violence assault includes:

  • Assault Causing Bodily Injury to a  Family Member: An assault causing pain against any person in a dating relationship, roommate, or certain other family members.
  • Choking or Impeding Breath: Specific actions like choking or impeding the breath or bloodflow of a family member can elevate the charge to a felony.

Examples:

  • Hitting a spouse during a domestic dispute, causing pain.
  • Squeezing a roommate’s neck during an argument, impeding their ability to breathe.

Consequences

The consequences of family violence assault include:

  • Punishment: Depending on the severity, it can range from a Class C misdemeanor to a second-degree felony. Penalties can include jail time, prison time, and hefty fines.
  • Additional Consequences: Convictions can lead to permanent criminal records, loss of gun rights, difficulty in child custody cases, and challenges in obtaining housing or employment.

Facing Assault Charges in Texas? Contact Norris Legal Group Today

Understanding the different types of assault charges in Texas is crucial if you are facing such charges. Each type of assault carries its own set of elements and consequences, and it’s important to know where you stand. If you are dealing with assault charges, it’s essential to get professional legal help as soon as possible.

Fortunately, you are innocent until proven guilty, so being accused of assault doesn’t mean you will be found guilty. However, it’s important to act fast. If you’re facing assault charges or think you might be accused, contact Norris Legal Group for a free consultation.

Our experienced lawyers can help you navigate this challenging time and work towards the best possible outcome for your case. Let us protect your future. Your defense starts now.

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Principal Attorney Graham Norris is an award-winning defense attorney and former Tarrant County prosecutor. Graham has earned countless dismissals and not guilty verdicts on charges ranging from misdemeanor assault to felony murder. Over the past decade, Graham has been recognized by Fort Worth Magazine as a Top Attorney, Texas Monthly Super Lawyers as a Rising Star, and named to The National Trial Lawyers Top 40 Under 40. 

Kyle Fonville, Attorney Of-Counsel 

Graham Norris, Principal & Founder

Of-counsel Attorney Kyle Fonville is a trial and appellate attorney who graduated first in his class from Texas Wesleyan University School of Law (now Texas A&M University School of Law). He is admitted to practice before all Texas courts, the Fifth Circuit Court of Appeals, as well as the District Courts for the Northern, Eastern, and Western Districts of Texas.

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