Types of Assault Offenses in Texas

Criminal defense attorney near you reviewing different types of assault charges under Texas law with a concerned client

Types of Assault Offenses in Texas

In Texas, the term “assault” doesn’t refer to just one crime. It covers a wide range of offenses—from threats or shoves to serious physical harm or sexual violence. The consequences vary dramatically depending on the severity of the act, the identity of the alleged victim, the defendant’s criminal history, and even the county where the case is prosecuted.

This comprehensive guide outlines the most common types of assault charges recognized under Texas law, how they’re classified, what penalties apply, and where they typically fall on the misdemeanor-to-felony spectrum. Whether you’re facing charges or trying to understand Texas criminal law, this post gives you the clarity you need.

1. Simple Assault: Texas Laws and Penalties (Clarify Class C vs. Class A)

Under Texas Penal Code §22.01, simple assault includes causing bodily injury, threatening someone with imminent harm, or making offensive physical contact. The offense is typically classified as either a Class C or Class A misdemeanor, depending on whether any injury occurred.

  • Class C involves threats or offensive contact and carries up to a $500 fine.
  • Class A involves bodily injury (such as pain or bruising) and carries up to one year in county jail and a $4,000 fine.

Read the full breakdown in Simple Assault: Texas Laws and Penalties (Clarify Class C vs. Class A).

2. Aggravated Assault Charges in Harris County (2nd-degree felony, 2–20 years in prison)

When an assault causes serious bodily injury or involves the use or exhibition of a deadly weapon, it’s elevated to aggravated assault under Texas Penal Code §22.02. This charge is often filed as a second-degree felony, punishable by 2 to 20 years in prison and up to a $10,000 fine.

In some cases—especially where family violence or public officials are involved—the charge may be enhanced to a first-degree felony.

Get jurisdiction-specific insights in Aggravated Assault Charges in Harris County (2nd-degree felony, 2–20 years in prison).

3. Assault Against Public Servants in Texas

Assaulting a public servant (such as a police officer, EMT, or judge) while they are performing official duties results in enhanced charges. What would normally be a misdemeanor becomes a third-degree felony, punishable by 2 to 10 years in prison and up to $10,000 in fines.

Learn more about enhancements and defenses in Assault Against Public Servants in Texas.

4. Sexual Assault vs. Aggravated Sexual Assault

Both charges are felonies under Texas law, but the differences are substantial:

  • Sexual assault involves non-consensual penetration or sexual contact and is a second-degree felony (2–20 years).
  • Aggravated sexual assault involves aggravating factors such as use of a weapon, serious bodily injury, or the victim being under 14. It is charged as a first-degree felony (5–99 years or life).

Review both offenses in detail in Sexual Assault vs. Aggravated Sexual Assault.

5. Injury to a Child, Elderly, or Disabled Person in Texas

Under Penal Code §22.04, causing injury to a child (under 15), elderly person (65+), or disabled individual is charged as a felony—even if the injury was unintentional. Depending on intent and injury severity, the offense ranges from a state jail felony to a first-degree felony.

See real-life examples and full penalty ranges in Injury to a Child, Elderly, or Disabled Person in Texas.

6. Assault in Family Violence Cases in Galveston County

Assault involving family or household members carries added weight under Texas law. Even a first offense may come with a “family violence” label that cannot be sealed or expunged. A second offense is usually escalated to a third-degree felony.

Galveston County courts apply strict bond conditions, and protective orders are common.

Understand how escalation works in Assault in Family Violence Cases in Galveston County (Include repeat offender felony escalation).

7. Continuous Violence Against the Family Charges

When two or more family violence assaults occur within 12 months, prosecutors can file a third-degree felony charge, even if neither prior case resulted in a conviction. This charge, defined in Texas Penal Code §25.11, is often used in domestic cases where patterns of abuse are alleged.

Learn how the state builds these cases in Continuous Violence Against the Family Charges.

8. Assault with a Deadly Weapon: What It Means in Texas Courts

Assault involving the use or exhibition of a deadly weapon is automatically categorized as aggravated assault, typically a second-degree felony. If the victim is a family member or a protected individual, it can be enhanced to a first-degree felony.

Weapons include firearms, knives, and any object used to inflict serious harm.

Find real-case examples and sentencing guidelines in Assault with a Deadly Weapon: What It Means in Texas Courts.

9. Reckless Assault and Accidental Injury Cases

You don’t need to intend harm to be charged with assault. If your actions were reckless or resulted in accidental injury, you could still face a Class A misdemeanor or higher. If the victim was a family member or part of a vulnerable group, you could be charged with a felony.

Explore the legal thresholds in Reckless Assault and Accidental Injury Cases.

10. Terroristic Threats as a Form of Assault in Texas Law

Under Texas Penal Code §22.07, threatening violence with intent to cause fear or disruption is classified as a terroristic threat. Depending on the circumstances, this may be charged as a Class B misdemeanor, Class A misdemeanor, or even a felony.

The offense is often filed alongside or instead of assault by threat.

Dive deeper into charge enhancements in Terroristic Threats as a Form of Assault in Texas Law.

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

The difference between a misdemeanor and felony assault can mean the difference between a fine and life in prison. Key differences include:

  • Misdemeanor Assault: Class C or A; up to 1 year in county jail
  • Felony Assault: Third-degree to first-degree; 2 years to life in prison
  • Court Jurisdiction: Misdemeanors in County Courts; felonies in District Court
  • Long-term Impact: Felonies carry greater collateral consequences for employment, firearm rights, immigration, and custody

Compare side-by-side examples and implications in Misdemeanor vs. Felony Assault: What’s the Difference?

Final Thoughts: Don’t Wait to Protect Your Rights

Whether you’re facing a misdemeanor or a first-degree felony, assault charges in Texas have serious and lasting consequences. Your criminal record, freedom, family rights, and future job opportunities are all at risk.

At the Law Office of JL Carpenter, we’ve handled every type of assault case across Harris County and Galveston County. As a former felony prosecutor, JL knows how the other side builds its case—and how to dismantle it. With experience, discretion, and strategic defense, we help clients fight back against unjust charges and negotiate favorable outcomes.

Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to speak with a trusted lawyer near you who’s ready to help you take control of your case.