Assault Penalties in Texas

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Assault Penalties in Texas

If you’re facing an assault charge in Texas, the legal consequences can feel overwhelming. Whether it’s a misdemeanor shoving incident or a felony aggravated assault, the penalties can include steep fines, jail or prison time, probation, restitution, and long-term effects on your criminal record, gun rights, immigration status, and more. This guide breaks down how Texas handles assault charges, what penalties you might face, and what options you may have to protect your future.

What Is Assault Under Texas Law?

Under Texas Penal Code §22.01, assault is broadly defined as:

  • Intentionally or knowingly causing bodily injury to another
  • Threatening someone with imminent bodily injury
  • Causing physical contact with another person when the contact is offensive or provocative

The severity of the charge depends on:

  • The nature of the act
  • Whether a weapon was involved
  • The extent of injury
  • The victim’s identity (e.g., public servant, family member)
  • The defendant’s criminal history

Misdemeanor Assault Penalties

Misdemeanor assault is the least severe type of assault but can still carry significant penalties. The two most common levels are Class C and Class A misdemeanors.

Class C Misdemeanor Assault

  • Typically involves verbal threats or offensive physical contact (e.g., shoving)
  • Penalty: Fine up to $500
  • No jail time
  • Usually handled in municipal or justice of the peace courts

For a deeper breakdown, see: Penalties for Misdemeanor Assault in Harris County (Class C and A Differences)

Class A Misdemeanor Assault

  • Involves bodily injury, such as bruises, soreness, or minor cuts
  • Penalty: Up to 1 year in county jail and/or up to $4,000 fine
  • May involve probation, protective orders, or anger management programs

Class A misdemeanors are more serious and can lead to jail even on a first offense. Learn more in: When Does a First-Time Assault Charge Lead to Jail?

Felony Assault Penalties

Felony assault charges involve greater harm, weapons, or special victims (like public servants or family members with prior incidents). The most common categories are third-degree and second-degree felonies.

Third-Degree Felony Assault

  • Applies to assault on a public servant, emergency worker, or family member with prior convictions
  • Penalty: 2 to 10 years in prison and up to $10,000 fine

Second-Degree Felony Assault

  • Includes aggravated assault (serious bodily injury or use of a deadly weapon)
  • Penalty: 2 to 20 years in prison and up to $10,000 fine

For a complete guide, see: Felony Assault Sentencing Guidelines in Texas (3rd and 2nd-Degree Felonies)

Probation Options

Probation allows you to serve your sentence in the community rather than in jail or prison. Texas offers two primary types:

1. Straight Probation

  • You are convicted but avoid incarceration by complying with probation terms

2. Deferred Adjudication

  • You plead guilty, but the judge defers the finding of guilt
  • If you complete the terms successfully, the case may be dismissed

Eligibility and likelihood of probation vary by county and case facts. For more, read: Can You Get Probation for Assault in Galveston County? (Straight vs. Deferred)

Probation vs. Parole

Probation is an alternative to jail. Parole, on the other hand, is early release from prison after serving a portion of a sentence.

Factor Probation Parole
Timing Instead of jail or prison After serving prison time
Granted by Judge Texas Board of Pardons
Applies to Misdemeanors and felonies Felonies only
Record Impact May be sealed (in some cases) Conviction remains permanent

Understand the key differences: Probation vs. Parole: What’s the Difference After an Assault Charge?

Repeat Offender Enhancements

If you’ve been previously convicted of assault or other felonies, your current charge may be subject to enhanced penalties under Texas law.

  • A second family violence charge becomes a third-degree felony
  • Felony offenders with prior convictions may face first-degree felony punishment ranges
  • Habitual offender status can lead to 25 years to life in prison

For scenarios and legal insight, see: Enhanced Sentencing for Repeat Offenders in Texas

Impact on Criminal Records and Background Checks

Assault convictions affect more than your immediate freedom. They also:

  • Show up in employment and housing background checks
  • Affect your ability to obtain professional licenses
  • Create long-term challenges with personal and professional opportunities

Deferred adjudication may offer relief, but not in all cases. For a complete view, see: How Assault Convictions Affect Your Record and Background Checks

Gun Ownership Rights

Under federal and Texas law, assault convictions—especially those involving family violence—can lead to loss of your right to own or possess firearms.

  • Misdemeanor family violence: Permanent ban under federal law
  • Felony convictions: Lifetime ban under Texas and federal law
  • Deferred adjudication with a family violence finding: Still results in a federal firearm ban

For how the law applies to your specific case, read: How an Assault Conviction Affects Gun Ownership in Texas

Restitution Orders

If convicted or placed on probation, the court may order you to compensate the alleged victim for:

  • Medical expenses
  • Counseling
  • Lost income
  • Property damage

Restitution is a legal obligation and separate from fines or fees. Learn what you might owe in: Restitution Orders in Assault Cases: What You Might Owe

Immigration Consequences

Assault convictions carry major immigration risks, including:

  • Deportation
  • Denial of naturalization or green card renewal
  • Inadmissibility after travel outside the U.S.

Even deferred adjudication can trigger removal proceedings. For full details, read: Immigration Consequences of Assault Convictions

Can You Avoid Jail After a Serious Assault Charge?

Yes. Even felony assault cases don’t always result in jail or prison. You may avoid incarceration through:

  • Probation
  • Deferred adjudication
  • Plea deals to lesser charges
  • Pretrial diversion (rare but possible)

The earlier your attorney intervenes, the better your chance of avoiding jail. Get more info here: Can You Avoid Jail After a Serious Assault Charge?

Your Next Steps

If you’re facing an assault charge, don’t wait until your court date to take action. Your defense strategy begins now.

  • Understand the classification of your charge
  • Review probation, parole, and plea options
  • Document evidence and witness statements
  • Comply with all bond conditions and court orders

Above all, hire an experienced criminal defense lawyer near you who knows how to navigate Harris County, Galveston County, and other Texas courts.

Why Work with the Law Office of JL Carpenter?

At the Law Office of JL Carpenter, we combine decades of legal experience with a deep understanding of how prosecutors and judges approach assault cases. JL is a former felony prosecutor who knows the system from both sides.

We help clients:

  • Avoid jail or prison
  • Reduce or dismiss charges
  • Seal or expunge criminal records (when eligible)
  • Protect rights related to firearms, immigration, and employment

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ to schedule your free, confidential consultation today with a trusted lawyer near you.