Assault by Threat: Can You Be Charged Without Touching Someone?

When most people hear the word “assault,” they immediately think of physical violence—fistfights, injuries, or altercations that leave someone bruised. But under Texas law, you can be charged with assault without ever laying a finger on another person.

Yes, threatening someone verbally or with your actions alone can be enough to land you in handcuffs, particularly in Harris and Galveston Counties, where law enforcement and prosecutors take all forms of assault seriously.

In this post, we’ll explain how “assault by threat” works under Texas law, what prosecutors need to prove, the consequences you could face, and why hiring a lawyer near you is critical if you’ve been charged.

Texas Penal Code: Assault by Threat Defined

Under Texas Penal Code § 22.01(a)(2), a person commits assault if they:

“Intentionally or knowingly threaten another with imminent bodily injury, including the person’s spouse.”

That means you don’t have to cause physical harm—or even make contact. The threat itself is enough, as long as it meets certain conditions.

To convict someone of assault by threat, prosecutors must show that:

The threat was intentional or knowing
The threat was of imminent bodily injury
The threat was perceived as credible or immediate by the victim

Examples of Assault by Threat

Here are some real-world examples that can result in assault by threat charges in Texas:

Road rage incident: You scream at another driver, threatening to “beat them to death,” while stepping out of your vehicle.
Verbal altercation: During a heated argument at a bar, you ball up your fists and tell someone, “I’m going to knock your teeth out.”
Domestic dispute: You yell at your partner and threaten to break their arm if they don’t stop arguing with you.
Menacing behavior: You aggressively approach someone with a raised bat, threatening them—even if you never swing.

Each of these examples could lead to an assault by threat charge—even if the confrontation never turns physical.

What Makes a Threat “Imminent”?

Texas law requires that the threatened harm be imminent, not vague or hypothetical. Saying “One day, I’ll hurt you” likely wouldn’t qualify. But “I’m going to hurt you right now” or threatening someone’s safety while advancing toward them would.

The key question is whether the person reasonably believed they were in immediate danger at that moment.

Can Words Alone Lead to Criminal Charges?

Absolutely. You don’t have to carry a weapon or even raise your voice. If your words or tone of voice, when combined with your body language, make someone reasonably fear for their safety, that can be enough to support a charge.

However, context matters. A sarcastic comment made in jest during a casual conversation may not qualify. But the same words, shouted in anger during a confrontation, can become criminal.

That’s why it’s so important to have a criminal defense attorney near you who can examine the evidence and challenge how the threat was perceived and interpreted.

Penalties for Assault by Threat in Texas

Assault by threat is usually charged as a Class C misdemeanor, which is the lowest level criminal offense in Texas. However, the consequences should not be underestimated.

Class C Misdemeanor

Penalty: Fine of up to $500
No jail time, but still results in a criminal record

That record can appear on background checks, affecting your job, housing, or future legal matters—especially in family law or custody disputes.

When Can Assault by Threat Become More Serious?

The charge can be enhanced based on:

Who the threat was made against (e.g., a public servant, elderly person, or family member)
Where the threat occurred (e.g., near a school or in a domestic violence context)
If there’s a prior conviction for family violence or assault

In those cases, a Class C misdemeanor could escalate to a Class A misdemeanor or even a felony, with penalties including:

Up to 1 year in jail (Class A)
2 to 10 years in prison (Third-degree felony)
Fines up to $10,000

In Harris and Galveston Counties, prosecutors frequently pursue enhancements when there’s a history of conflict or domestic violence.

Defending Against Assault by Threat Charges

Being charged with assault by threat does not mean you’re guilty. There are several legal defenses your attorney can raise:

Lack of Intent

You never intended to threaten the person, and your actions or words were misunderstood or taken out of context.

No Imminent Threat

The alleged threat was vague, distant, or not actionable in the moment.

Mutual Confrontation

Both parties were engaged in a heated argument, and neither was truly in fear of the other.

False Accusation

Unfortunately, people sometimes file false reports out of anger, revenge, or emotional conflict—especially in domestic or workplace disputes.

A skilled lawyer near you can interview witnesses, analyze surveillance footage or text messages, and build a defense strategy that challenges the prosecution’s claims.

Why You Need a Criminal Defense Attorney Near You

Assault by threat charges may sound minor, but the long-term consequences are very real. A conviction—no matter how small the fine—creates a criminal record that can follow you for life.

The Law Office of JL Carpenter understands the nuances of these charges and how they play out in Harris and Galveston County courts. As a former felony prosecutor, JL knows how the other side builds their case—and how to dismantle it.

What to Do If You’ve Been Charged

If you’re under investigation or have been cited for assault by threat:

Do not contact the alleged victim, even to explain or apologize
Avoid making statements to police or on social media
Document everything about the incident while it’s fresh in your mind
Call a criminal defense lawyer near you immediately

Every hour you wait gives the prosecution a head start.

Final Thoughts

Yes, you can be charged with assault in Texas without ever touching someone. Words and actions alone—when interpreted as threats—can lead to criminal charges, court dates, and permanent consequences.

But with the right defense strategy, many of these cases can be reduced, dismissed, or diverted. Don’t take chances.

Call the Law Office of JL Carpenter at (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule your confidential consultation.

Talk to a lawyer near you who knows how to defend assault by threat cases—and can help protect your future.