Misdemeanor vs. Felony Assault: What’s the Difference in Texas?

If you’ve been charged with assault in Texas, one of the first questions you need answered is: Is this a misdemeanor or a felony? That distinction will affect where your case is handled, how much time you’re facing, and whether you go to jail or prison if convicted.

Texas law recognizes a wide range of assault charges—some as low as a Class C ticket, others as serious as a first-degree felony with a possible life sentence. Understanding the difference between misdemeanor vs. felony assault is critical to protecting your future.

In this post, we’ll break down:

• The legal differences between misdemeanor and felony assault

• Examples of each

• Penalties, jail vs. prison time

• Court jurisdictions in Harris and Galveston Counties

• Long-term consequences

• Why you should call a lawyer near you right away

What Is Misdemeanor Assault?

A misdemeanor assault in Texas is generally one where:

• The victim was not seriously injured

• No deadly weapon was used

• The accused does not have a prior conviction or protected status does not apply

Types of Misdemeanor Assault Charges

Class C Misdemeanor

• Offensive physical contact or verbal threats of harm

• No injury required

• Penalty: Fine up to $500

• Handled in: Municipal Court or Justice of the Peace Court

• No jail time, but conviction still creates a criminal record

Class A Misdemeanor

• Causing bodily injury to another (e.g., bruising, soreness, swelling)

• Penalty: Up to 1 year in county jail, and/or up to $4,000 fine

• Handled in: County Criminal Courts

Misdemeanor assault becomes much more serious when labeled as Assault – Family Violence, which cannot be sealed or expunged—even if probation is completed.

Real-Life Misdemeanor Example

You slap someone during an argument at a bar, and they report pain.
Charge: Class A misdemeanor assault
Penalty: Up to one year in jail

You threaten to punch a coworker during an argument, but don’t follow through.
Charge: Class C misdemeanor assault by threat
Penalty: Fine up to $500

What Is Felony Assault?

Felony assault involves:

• Serious bodily injury

• Use or exhibition of a deadly weapon

• Special status of the victim (e.g., public servant, family member with prior conviction)

• Repeat offenses or choking/strangulation

Types of Felony Assault Charges

Third-Degree Felony

• Assault on a family member with a prior conviction

• Assault on a public servant

• Penalty: 2 to 10 years in prison, and/or $10,000 fine

Second-Degree Felony

• Aggravated Assault (serious bodily injury or use of a deadly weapon)

• Penalty: 2 to 20 years in prison, and/or $10,000 fine

First-Degree Felony

• Aggravated Assault against a partner, public official, or involving choking/strangulation

• Penalty: 5 to 99 years or life in prison

Real-Life Felony Example

You pull a knife during a fight and cut someone’s arm.
Charge: Aggravated Assault with a Deadly Weapon (2nd-degree felony)

You punch your spouse during a fight and have a previous domestic violence conviction.
Charge: Assault – Family Violence – Repeat Offender (3rd-degree felony)

You strangle your dating partner during an argument.
Charge: Aggravated Assault with Family Violence Enhancement (1st-degree felony)

Jail vs. Prison: What’s the Difference?

Jail (County Jail)

• Applies to misdemeanor convictions

• Sentence is less than 1 year

• Located in local county facilities (e.g., Harris County Jail)

Prison (TDCJ – Texas Department of Criminal Justice)

• Applies to felony convictions

• Sentence is 1 year or more

• Involves transfer to state-run prison units across Texas

Where you serve your sentence depends entirely on whether you’re convicted of a misdemeanor or felony.

Court Jurisdiction: Who Handles Your Case?

Misdemeanor Assault

• Class C: Municipal or Justice of the Peace Court

• Class A: County Criminal Courts (Harris County: County Criminal Court at Law 1–16, Galveston County: County Court at Law No. 1 or 2)

Felony Assault

• Handled in District Court (Felony jurisdiction)

• In Harris County: 180th, 209th, 228th, 230th, 248th, 263rd District Courts

• In Galveston County: 122nd, 212th, or 405th District Courts

Felony courts involve stricter bond conditions, longer timelines, and more formal procedures. Misdemeanor courts move faster but still carry serious risks—especially for family violence cases.

Long-Term Consequences: Misdemeanor vs. Felony

Both types of convictions can create permanent criminal records, but felony assault carries more severe consequencesacross every aspect of life.

Why Prosecutors Escalate Charges

Prosecutors in Harris County and Galveston County may elevate a misdemeanor to a felony based on:

• Prior convictions

• Choking or strangulation

• Repeat family violence

• Victim status (e.g., public servant, elderly individual)

• Weapon use or threat

Even if no one was seriously hurt, the facts of the case and your criminal history may lead to a felony filing. A lawyer near you can step in early to argue for reduced charges or dismissal.

Why You Need a Criminal Defense Attorney Near You

Whether you’re facing a misdemeanor or felony, assault charges in Texas carry real consequences. Prosecutors, judges, and even public defenders may treat these cases as open-and-shut—but your future deserves more.

At the Law Office of JL Carpenter, we’ve helped hundreds of clients in Harris County and Galveston County protect their records, challenge unfair charges, and avoid jail or prison. JL is a former felony prosecutor, and she knows how the state builds its case—and how to tear it apart.

Don’t guess what level of assault you’re facing—get clarity and strategy.

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