In Texas, the word assault covers much more than physical fights. You can be charged with assault even if no one is seriously hurt—and sometimes even if there is no physical contact at all.
Texas assault laws are strict, but they are also very specific. This article breaks down Texas assault law in simple English, explaining what counts as assault, the different levels of charges, penalties, defenses, and what victims should know.
What Is Assault Under Texas Law?
Under Texas Penal Code §22.01, a person commits assault if they intentionally or knowingly:
- Cause bodily injury to another person, or
- Threaten another person with imminent bodily injury, or
- Cause physical contact that is offensive or provocative
This means assault in Texas includes:
- Hitting or injuring someone
- Threatening to hurt someone
- Unwanted or offensive physical contact
Assault Does Not Always Require Injury
Many people are surprised to learn that injury is not required.
Example:
- Threatening to punch someone while moving toward them → Assault
- Spitting on someone → Assault
- Shoving someone without injury → Assault
Texas law focuses on intent and behavior, not just harm.
Different Types of Assault Charges in Texas
Texas law divides assault into several categories depending on seriousness.
- Simple Assault (Class C Misdemeanor)
This is the least serious form of assault.
Examples:
- Offensive touching
- Minor threats without injury
Penalty:
- Fine up to $500
- No jail time
Many cases involve arguments or minor disputes.
- Assault Causing Bodily Injury (Class A Misdemeanor)
This applies when physical injury occurs, even if it’s minor.
Penalty:
- Up to 1 year in county jail
- Fine up to $4,000
- Assault with Aggravating Factors (Felony Assault)
Assault becomes a felony if it involves:
- Serious bodily injury
- A deadly weapon
- Certain protected victims
This offense is often called aggravated assault.
Aggravated Assault in Texas
Under Texas Penal Code §22.02, aggravated assault occurs when assault involves:
- Serious bodily injury, or
- Use or exhibition of a deadly weapon
Examples of deadly weapons:
- Firearms
- Knives
- Vehicles
- Objects used in a way that can cause death
Penalty:
- Second-degree felony (2–20 years in prison)
- First-degree felony in severe cases (5–99 years or life)
Assault Against Protected Individuals
Texas law increases penalties when the victim is:
- A police officer or firefighter
- An EMT or security guard
- A judge or public servant
- A family member or dating partner
Domestic assault is treated especially seriously.
Domestic Assault in Texas
Domestic assault includes violence or threats against:
- Spouses
- Former spouses
- Dating partners
- Family or household members
Consequences may include:
- Mandatory arrest
- Protective orders
- Firearm restrictions
- Enhanced penalties
Repeat domestic assault charges can become felonies.
Can Words Alone Be Assault in Texas?
Sometimes, yes.
A verbal threat can be assault if:
- It causes fear of immediate harm
- The person has the ability to carry it out
Idle threats without action usually do not qualify.
Common Defenses to Assault Charges
Defenses depend on the situation, but common ones include:
Self-Defense
Using reasonable force to protect yourself or others.
Lack of Intent
The act was accidental, not intentional.
False Accusation
The claim is exaggerated or untrue.
Mutual Combat
Both parties willingly engaged in a fight (limited defense).
What Victims Should Know About Texas Assault Law
Victims have important rights, including:
- The right to report the crime
- The right to seek protective orders
- The right to victim compensation
- The right to be informed about court proceedings
Even minor assault should be reported if safety is a concern.
Civil Lawsuits for Assault in Texas
Assault can also lead to civil liability.
Victims may sue for:
- Medical bills
- Emotional distress
- Lost wages
- Pain and suffering
Civil cases focus on financial compensation, not punishment.
Statute of Limitations for Assault in Texas
- Class C & Class A misdemeanors: 2 years
- Felony assault: 3 years
Certain factors may extend these deadlines.
Consequences Beyond Jail or Prison
An assault conviction may result in:
- Criminal record
- Job and housing difficulties
- Loss of firearm rights
- Immigration consequences
- Professional license issues
The effects often last longer than the sentence.
Why Texas Assault Laws Are So Broad
Texas law aims to prevent violence before it escalates. By addressing threats, minor injuries, and dangerous behavior early, the law protects public safety and reduces serious harm.
Frequently Asked Questions (FAQ)
Is assault always a felony in Texas?
No. Many assault cases are misdemeanors.
Can I be charged without touching someone?
Yes. Threats alone can qualify.
Is self-defense legal?
Yes, if the force used was reasonable.
Can assault charges be dropped?
Yes, depending on evidence and circumstances.
Does assault require injuries?
No. Injury is not required.
Final Thoughts
Texas assault law covers a wide range of conduct—from minor offensive contact to life-threatening attacks. Understanding how these laws work helps people protect their rights, avoid serious mistakes, and respond properly when violence or threats occur.
Whether you are a victim seeking protection or someone facing charges, knowledge of Texas assault law is critical.
