By Graham Norris

A single word—”assault”—can cover a staggering range of actions, from a shouted threat to a severe, life-altering injury. In Texas, this single legal term carries a spectrum of consequences just as wide.

The difference between a fine and a decade in prison hinges on the specific details of the incident. Knowing the level of assault charge you face is the first step to building a defense. This guide breaks down the potential punishments, from Class C misdemeanors to first-degree felonies.

The Foundation: How Texas Classifies Assault Charges

The severity of an assault charge in Texas isn’t arbitrary; it’s determined by a specific set of factors written into the law. The prosecution must prove the specific elements that enhance the charge to a higher level. Knowing what the Texas Penal Code says about assault provides the legal foundation for how these charges are classified.

• The Identity of the Victim: Assaulting a public servant, a security officer, or a family member will result in more severe charges than the same conduct against a stranger.
• The Use or Exhibition of a Deadly Weapon: The presence of a deadly weapon instantly escalates a simple assault to an aggravated assault, which is a felony.
• The Level of Bodily Injury: Texas law distinguishes between “bodily injury” and “serious bodily injury.” The latter is a primary factor for felony-level charges.

Fighting the Charges: Potential Defense Strategies for Assault

A severe potential punishment does not automatically lead to a conviction. The details of the incident are critical, and a strong legal defense challenges the core of the prosecution’s case.

• Self-Defense or Defense of Others: You have the right to use reasonable force to protect yourself or another person from an imminent threat of harm. Knowing what the Texas Penal Code says about self-defense is crucial for asserting this legal justification.
• Lack of Intent: If your actions were accidental or you lacked the required mental state, it can serve as a complete defense.
• Challenging the Evidence: A powerful defense involves scrutinizing the credibility of witness testimony and reviewing any available video footage. These strategies are detailed in our guide on how to get Texas assault bodily injury and family violence charges dismissed.
• Questioning the Facts: Presenting a different version of events can create doubt about the prosecution’s narrative.

A Quick-Reference Table: Texas Assault Penalties at a Glance

The Texas Penal Code organizes offenses by “degree,” which correlates to a specific range of punishments.

Charge Level	Degree of Offense	Potential Jail Time	Potential Fines	Example Circumstances
Simple Assault	Class C Misdemeanor	None	Up to $500	Threatening someone with imminent bodily injury.
Assault Causing Bodily Injury	Class A Misdemeanor	Up to 1 year	Up to $4,000	A physical altercation resulting in pain or a minor injury.
Aggravated Assault	Third-Degree Felony	2 to 10 years	Up to $10,000	Causing serious bodily injury OR using a deadly weapon.
Aggravated Assault with a Deadly Weapon	Second-Degree Felony	2 to 20 years	Up to $10,000	Using a deadly weapon and causing serious bodily injury.
Aggravated Assault (Severe)	First-Degree Felony	5 to 99 years or life	Up to $10,000	Assaulting a public servant and causing serious bodily injury.

Breaking Down the Penalties: From Misdemeanors to Felonies

While the table provides a snapshot, the real-world impact of an assault conviction is complex. Here’s a deeper look at what each charge level entails.

• Class C Misdemeanor: Simple Assault (Threats): This applies when an individual threatens another with imminent bodily injury, without any physical contact. It is punishable by a fine of up to $500 and no jail time, but it will result in a criminal record. Learn more about misdemeanor assault in Texas.
• Class A Misdemeanor: Assault Causing Bodily Injury: This involves causing actual physical pain or bodily injury. According to Texas Penal Code Chapter 12, which defines criminal penalties, a conviction can result in a sentence of up to one year in a county jail and a fine of up to $4,000.
• Third-Degree Felony: Aggravated Assault: Assault becomes a third-degree felony when the actor causes serious bodily injury or uses a deadly weapon. The punishment range is 2 to 10 years in a state prison and a fine of up to $10,000.
• Second-Degree Felony: Aggravated Assault with a Deadly Weapon: This applies when an actor uses a deadly weapon and causes serious bodily injury. The potential prison sentence is 2 to 20 years and a fine of up to $10,000.
• First-Degree Felony: Aggravated Assault with a Deadly Weapon (Severe Circumstances): This is the most serious level of assault charge. It applies in specific circumstances, such as when the victim is a public servant and suffers serious bodily injury. A conviction carries a prison sentence of 5 to 99 years, or life.

Beyond Fines and Jail Time: The Collateral Consequences of an Assault Conviction

The sentence from a judge is only the beginning. A conviction triggers a set of “collateral consequences” that can follow you for life.

• A Permanent Criminal Record: This can show up on routine background checks for employment, housing, and loans.
• Loss of Professional Licenses: Many licensed professions can revoke your license upon a felony conviction.
• Loss of the Right to Firearms: A felony conviction results in the permanent loss of your right to own or possess a firearm.
• Immigration Consequences: For non-U.S. citizens, an assault conviction can lead to deportation.
• Strained Personal Relationships: The stigma of a violent offense can damage child custody arrangements and personal relationships.

Frequently Asked Questions About Assault Punishments

It’s normal to have many questions when facing a charge. Here are answers to some of the most common questions we encounter.

Can an assault charge be expunged or sealed in Texas? 

It depends on the outcome of your case. If your case was dismissed or you received probation, you may be eligible to have the records sealed or destroyed. Knowing expunction in Texas and the process can help you clear your record. An experienced attorney can advise you on your specific eligibility.

What is the difference between “bodily injury” and “serious bodily injury”? 

“Bodily injury” can be as minor as physical pain. “Serious bodily injury” is a much higher standard, meaning an injury that creates a substantial risk of death or causes serious permanent disfigurement. The Texas Penal Code Section 1.07 provides legal definitions for these terms.

Is probation a possibility for an assault charge? 

Yes, probation is a common outcome for many assault charges, including some felonies. Successfully completing probation allows you to avoid incarceration.

Your Future Is Too Important to Leave to Chance

The complex ladder of assault charges in Texas means that the specific details of your situation are everything. Dealing with this system alone against experienced prosecutors can feel overwhelming, but you have the right to a powerful defense.

At Norris Legal Group, we build that defense on a foundation of Dignity, Trust, and Fight. With a proven track record of success, our team leverages every legal tool to protect your future. Schedule your confidential consultation today to put our experience to work for you.