Sometimes, a heated argument turns physical, or a threatening confrontation leaves someone feeling unsafe. In Texas, these situations could lead to assault charges.

In this guide, you’ll learn precisely how Texas law defines assault, the different types of assault charges you might face, and what factors can enhance the severity of these charges.

Basic Assault Definitions in the Texas Penal Code

Texas Penal Code Section 22.01 defines assault in three distinct ways. You can be charged with assault if you:

1. Intentionally, knowingly, or recklessly cause bodily injury to another person
2. Intentionally or knowingly threaten someone with imminent bodily injury
3. Intentionally or knowingly cause physical contact that you know or should reasonably believe the other person will find offensive or provocative

Types of Assault Charges in Texas and Their Classifications

The Texas Penal Code establishes different levels of assault charges based on the circumstances.

Basic Assault

Causing bodily injury to another person is a Class A misdemeanor, which includes any physical pain, illness, or impairment of physical condition – even minor injuries like bruises or scrapes. This charge requires proving you acted intentionally, knowingly, or recklessly when causing the injury.

Making a credible threat of imminent bodily injury is a Class C misdemeanor, even if no physical contact occurs. The threat must be immediate (not a future threat) and the person must reasonably believe you can carry it out.

Intentionally making physical contact that you know the other person will find offensive or provocative is a Class C misdemeanor. This could include actions like shoving, poking, or unwanted touching that doesn’t cause injury but is meant to provoke.

Enhanced Assault Charges

Certain factors can elevate a basic assault to a more serious charge.

Assault becomes a third-degree felony if committed against:

• Public servants performing official duties
• Emergency services personnel
• Security officers
• Process servers
• Hospital personnel on hospital property
• Pregnant individuals
• Contractors or employees in government facilities

The charge elevates to a second-degree felony when committed against:

• Peace officers or judges performing official duties
• Family members in cases involving choking/strangulation and previous family violence convictions

An important note: The law presumes you knew you were assaulting a public servant, security officer, or emergency services personnel if they were wearing a distinctive uniform or badge indicating their position.

Penalties for Assault Under Texas Law

Here’s what you could face if convicted:

• Class C misdemeanor (threats or offensive contact): Fine of up to $500
• Class B misdemeanor (assault against sports participant): Up to 180 days in jail and/or a fine of up to $2,000
• Class A misdemeanor (causing bodily injury): Up to one year in jail and/or a fine of up to $4,000
• Third-degree felony (assault against public servants, emergency personnel, etc.): 2 to 10 years in prison and a fine of up to $10,000
• Second-degree felony (assault against peace officers/judges or serious family violence): 2 to 20 years in prison and a fine of up to $10,000

Special Circumstances in Texas Assault Cases

The Texas Penal Code includes specific provisions for assaults against certain vulnerable or protected groups.

• Assaulting a sports participant (like a referee or coach) while they’re performing their duties or in retaliation for their duties is a Class B misdemeanor. This applies to anyone from amateur to professional sports, including athletes, officials, coaches, and staff.
• Threats or offensive contact against elderly or disabled individuals becomes a Class A misdemeanor instead of the usual Class C misdemeanor. The law specifically defines who qualifies as elderly or disabled under Section 22.04 of the Penal Code.
• Assaulting a pregnant individual to force them to have an abortion is classified as a Class A misdemeanor. This applies whether the assault involves actual injury, threats, or offensive contact.

Get Help With Your Assault Case

Don’t face assault charges alone. At Norris Legal Group, our experienced Fort Worth assault lawyers understand Tarrant County courts and know how to protect your rights. Contact us today for a free, confidential consultation about your case. We’ll help you understand your options and start building your defense.

Contact us today to schedule your free consultation and learn how we can help protect your future.