Penalties for Misdemeanor Assault in Harris County

Close-up of a man in a Harris County courtroom facing misdemeanor assault charges, showing tension and anxiety—related to Class A and Class C differences and seeking a lawyer near you.

Penalties for Misdemeanor Assault in Harris County (Class C and A Differences)

If you’re facing a misdemeanor assault charge in Harris County, you’re likely overwhelmed and unsure what to expect. You may be asking: Will I go to jail? Will this affect my job? Can this be dismissed?

Texas law divides misdemeanor assault into two main levels—Class C and Class A. Each comes with different consequences, and the outcome depends heavily on the circumstances of the incident, your criminal history, and how your case is handled in court.

In this beginner-friendly guide, we’ll explain:

  • The difference between Class C and Class A assault

  • What penalties apply to each

  • How Harris County courts handle these charges

  • Whether you can avoid jail

  • Long-term consequences—and how to protect your future

Let’s break it down.

What Is Misdemeanor Assault in Texas?

Under Texas Penal Code §22.01, assault includes a wide range of conduct:

  • Threatening someone with imminent bodily injury

  • Causing offensive physical contact

  • Causing bodily injury

The severity of the charge depends on whether any injury occurred and who the alleged victim was.

Class C Misdemeanor Assault (The Least Severe)

What it is:

  • Verbal threats of violence

  • Physical contact that is offensive or provocative (e.g., shoving someone, poking, spitting)

Examples:

  • Saying “I’m going to hit you” in a threatening tone during an argument

  • Shoving someone at a bar without causing pain

  • Poking someone in the chest during a heated exchange

Penalties:

  • Fine up to $500

  • No jail time

  • No court-appointed lawyer unless your freedom is at risk

  • Still results in a criminal record unless dismissed or sealed

Court Jurisdiction in Harris County:

  • Municipal Courts (if inside city limits)

  • Justice of the Peace Courts (outside city limits)

Even though it’s a ticket-level offense, this is a criminal charge, not a civil matter. That means it can appear on background checks and affect your employment or housing.

Class A Misdemeanor Assault (More Serious)

What it is:

  • Causing bodily injury to another person (includes pain, bruising, soreness)

  • Even a red mark, scratch, or complaint of pain can lead to this charge

Examples:

  • Punching or slapping someone during a fight

  • Pushing someone and causing them to fall or feel pain

  • Hitting a family member during an argument

Penalties:

  • Up to 1 year in county jail

  • Fine up to $4,000

  • Probation may be available

  • Deferred adjudication may be an option to avoid a conviction

Court Jurisdiction in Harris County:

  • County Criminal Courts at Law (Court at Law No. 1–16)

Class A assault can involve protective orders, no-contact conditions, and even loss of gun rights if it’s designated as family violence.

Jail vs. Probation: What’s Likely in Harris County?

Harris County offers alternatives to jail for first-time offenders or low-level assault cases:

Class C Misdemeanor:

  • Jail time is not an option (but a conviction still creates a record)

  • You may be eligible for:

    • Deferred disposition

    • Pretrial diversion

    • Dismissal with conditions (anger management, community service)

Class A Misdemeanor:

  • Jail is possible, especially in domestic violence or repeat cases

  • First-time offenders may qualify for:

    • Deferred adjudication

    • Probation (community supervision)

    • BIPP or anger management classes

    • Community service

    • No-contact orders with the victim

Your attorney near you can negotiate with prosecutors and help you qualify for alternatives that keep you out of jail—and potentially off your record.

Will This Stay on My Record?

Yes, unless it’s dismissed or resolved through a qualifying diversion program.

  • Class C assault may be eligible for expungement if dismissed or resolved through deferred disposition

  • Class A assault may be eligible for non-disclosure (sealing) after deferred adjudication, but not if it’s family violence

Family violence cases—even misdemeanors—cannot be sealed or expunged and will remain visible on your record forever unless the case is dismissed or the Client is acquitted.

Can I Lose My Gun Rights?

Yes—if your Class A misdemeanor assault is designated as family violence, federal law prohibits you from possessing firearms. This applies:

  • Even if you get probation

  • Even if the victim asks to drop the case

  • Even if the charge is reduced from felony to misdemeanor

There are very few legal options to restore gun rights after this type of conviction.

Long-Term Consequences of a Misdemeanor Assault

Even if jail isn’t likely, the charge itself can lead to:

  • A permanent criminal record

  • Job loss or rejection from employment

  • Professional licensing issues

  • Housing denials

  • Child custody and family court implications

  • Immigration problems if you are not a U.S. citizen

That’s why it’s critical to handle your defense strategically from day one. An experienced criminal defense lawyer near you can make the difference between a conviction and a clean record.

How Harris County Handles These Cases

Harris County prosecutors and judges deal with thousands of assault cases each year—but that doesn’t mean they take them lightly. The DA’s Office has specialized divisions for:

  • Misdemeanor assault

  • Family violence

  • Protective orders

Court settings are often crowded and fast-moving, but a skilled attorney can:

  • Negotiate dismissal

  • Present mitigation evidence

  • Push for diversion or probation

  • Handle evidentiary hearings

  • Prevent unnecessary escalation

Your Next Step: Protect Your Future

Whether you’ve been cited for a Class C misdemeanor or arrested for a Class A assault, the charge will not go away on its own. And the wrong decision—or delay—can turn a manageable case into a lifelong problem.

At the Law Office of JL Carpenter, we’ve helped hundreds of clients in Harris County resolve misdemeanor assault charges through dismissal, probation, and record-clearing options. As a former felony prosecutor, JL understands how the system works—and how to get you the best possible result.

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