By Graham Norris

A heated argument in a crowded bar. A tense exchange in a parking lot. In a moment of high emotion, a hand meets a chest in a push, or a finger jabs a shoulder. No one is bruised, and no bones are broken, but the flashing lights appear. You are being placed under arrest. The charge? Assault by Contact.

This scenario is more common than many realize. In Texas, you can face criminal charges for physical contact that causes no injury whatsoever. Knowing this specific law—often called Class C Assault—is the first step in building a strong defense against it.

What is Assault by Contact in Texas? Defining “Offensive or Provocative” Touching

Unlike other assault charges that require bodily injury or threats, Assault by Contact under Texas Penal Code § 22.01(a)(3) hinges entirely on the nature and intent behind the touch. The focus is on whether the contact was intentionally offensive or provocative.

• The Element of Intent: The prosecution’s case rests on proving you acted intentionally. This means they must show you deliberately made physical contact with the other person. An accidental bump in a crowd does not meet the legal standard for this charge.
• What Makes Touching “Offensive or Provocative”? The law states the contact must be physically offensive or provocative to a reasonable person. The relationship between the individuals, the words spoken, and the environment all play a critical role in this determination. Knowing what the Texas Penal Code says about assault provides important context for how different types of assault are charged and prosecuted.

What to Do If You’re Facing an Assault by Contact Charge

Finding yourself charged with a crime is unsettling, but taking the right steps immediately can profoundly impact your case. Remaining calm and proactive is key to protecting your rights.

• Exercise Your Right to Remain Silent: Politely decline to discuss the incident with law enforcement. Your only statement should be that you will not answer questions without your attorney present. If you’ve been accused of a crime, knowing what to do when you’ve been accused of a crime in Texas can help you pull through this difficult situation.
• Document Your Recollection of the Event: As soon as you can, write down everything you remember in detail. Note the time, location, what was said by everyone involved, and any witnesses.
• Secure Experienced Legal Counsel Immediately: Do not underestimate a Class C misdemeanor. Contact a criminal defense attorney without delay. An experienced lawyer can intervene early and start working toward a resolution.

Common Examples of Assault by Contact Charges

Assault by contact charges frequently arise from personal disputes where emotions override judgment. The following actions are typical examples that can lead to an arrest.

• A push or shove during an argument
• Aggressively poking someone in the chest or shoulder
• Spitting on or at someone
• Snatching a phone or item directly from a person’s hands
• An unwelcome and intentional kiss or touch in a social setting

To learn more about the various forms assault charges can take, review the different types of assault charges in Texas.

Potential Defenses to a Class C Assault Charge

A charge is not a conviction. A strategic defense involves a meticulous review of the evidence to challenge the prosecution’s narrative.

• Lack of Criminal Intent: A powerful defense is to argue that the contact was not intentional. In the chaos of a heated moment, contact can be accidental or merely reckless.
• Self-Defense or Defense of Others: If you can show that you reasonably believed the contact was necessary to protect yourself or another person from imminent harm, it can serve as a complete defense to the charge. Knowing what the Texas Penal Code says about self-defense is crucial for evaluating whether this defense applies to your situation.
• Consent or Lack of “Offensiveness”: The defense can challenge whether a reasonable person would truly find the contact “offensive or provocative” given the full context.

The Consequences Are Real: Penalties for a Class C Misdemeanor

While a Class C misdemeanor is the least severe criminal charge in Texas, it carries real consequences. According to the Texas Penal Code Chapter 12, the immediate penalty is a fine of up to $500, and there is no possibility of jail time for a stand-alone charge.

The true, long-term consequence is a permanent criminal record. This record can appear on routine employment background checks and affect your ability to secure housing. The stigma of an assault conviction can follow you for years.

The Norris Legal Group Approach: More Than Just a Legal Defense

We understand that any criminal charge, including a Class C assault, can be a source of significant stress and anxiety. Our approach is built on the principle that every person deserves a defense that treats them with dignity.

• A Meticulous Evidence Review: We begin by obtaining all the evidence. We examine every detail, checking for procedural errors or violations of your rights.
• Building a Human Connection: We see you as more than a case file. We proactively work to understand who you are, gathering context about your life and character.
• A Focus on Your Future: Our ultimate goal is to help you resolve the situation in a way that allows you to move forward. We strive to achieve outcomes that prevent a permanent criminal record.

Secure Your Peace of Mind—Contact Norris Legal Group Today

The stress of a criminal charge, even a minor one, can feel overwhelming. You don’t have to face this uncertainty alone. At Norris Legal Group, we provide more than just legal representation; we offer a partnership founded on dignity, trust, and relentless advocacy.

Our distinctive approach is designed to achieve the best possible outcome for you. We put you first with transparent communication and compassionate guidance. Take control of your situation now—contact us for a confidential consultation to discuss your case.