What Is Assault in Texas? 

Criminal defense attorney near you discussing assault law in Texas with a client in a courtroom setting

What Is Assault in Texas?

If you’ve been accused of assault in Texas, you might be feeling overwhelmed, confused, and unsure about what comes next. Texas law treats assault as a broad category of offenses, ranging from verbal threats to serious physical violence. While some assault cases are resolved with a small fine, others can result in felony convictions, long prison sentences, and lifelong consequences.

In this guide, we break down everything you need to know about assault charges in Texas, including definitions, classifications, penalties, and how the legal process works specifically in Harris and Galveston Counties. We also link to detailed guides on specific assault scenarios, charges, and defenses to give you a full picture of your rights and your risks.

Texas Legal Definition of Assault

Texas law defines assault under Penal Code §22.01. A person commits assault if they:

  1. Intentionally, knowingly, or recklessly cause bodily injury to another person
  2. Intentionally or knowingly threaten another with imminent bodily injury
  3. Intentionally or knowingly cause physical contact with another person when the contact is reasonably regarded as offensive or provocative

This broad legal language allows for a wide variety of conduct to qualify as assault—even if no one is physically injured. For a deeper dive into what each part of this definition means, visit our dedicated cluster post: Texas Legal Definition of Assault Explained.

Types of Assault Charges in Harris & Galveston Counties

Assault charges are not one-size-fits-all. In fact, Texas law provides several different types of assault classifications based on factors like the severity of harm, whether a weapon was used, and who the victim was. These charges range from Class C misdemeanors to first-degree felonies. For a comprehensive breakdown of how each type is defined and prosecuted locally, refer to Types of Assault Charges in Harris & Galveston Counties.

The Difference Between Assault and Battery in Texas

In many other states, “assault” and “battery” are two separate crimes. But in Texas, there’s no legal distinction. Everything that might be considered battery in another state is simply called assault here. This can lead to confusion, especially for those moving from out of state or dealing with prior offenses elsewhere. For clarity on this important difference, read our cluster post: Difference Between Assault and Battery in Texas Law.

What Makes Assault ‘Aggravated’ in Texas?

Under Penal Code §22.02, an assault becomes “aggravated” if it involves:

  • Serious bodily injury, or
  • Use or exhibition of a deadly weapon

Aggravated assault is classified as either a second- or first-degree felony depending on the circumstances. It is among the most serious assault charges in Texas, carrying the possibility of decades in prison. For more on how aggravated assault is charged and sentenced, see: What Makes Assault ‘Aggravated’ in Texas?

Can You Be Charged with Assault Without Physical Contact?

Yes. Assault does not always involve physical contact. Under Texas law, even threatening someone with imminent harm can be enough to justify an arrest. This is referred to as “assault by threat” and is often charged as a Class C misdemeanor. However, even this low-level offense can result in a criminal record. For examples of how this plays out, refer to our post: Assault by Threat: Can You Be Charged Without Touching Someone?

Simple Assault vs. Aggravated Assault: Understanding the Difference

To better understand where your case might fall on the legal spectrum, it’s important to distinguish between simple assault and aggravated assault:

  • Simple Assault: No serious injury or weapon involved. Can be a Class C or A misdemeanor.
  • Aggravated Assault: Serious injury or use of a deadly weapon. Felony charges.

Our cluster post Simple Assault vs. Aggravated Assault: Key Differences provides a helpful side-by-side comparison, including real-world examples and penalty breakdowns.

What Is Class C Assault?

Class C assault is the least severe form of assault in Texas. It typically involves threats or offensive contact without injury. While there’s no jail time involved, a conviction still results in a criminal record and can impact your life in ways you might not expect.

Most Class C assault cases are handled in municipal or justice of the peace courts, depending on where the incident took place. For more information on what to expect if you’re charged, see: What Is Class C Assault in Texas?

Domestic Assault vs. Assault on a Stranger

The victim’s identity matters. If the assault involves a family or household member, the charge may be enhanced to Assault – Family Violence. This comes with:

  • Stricter penalties
  • Firearm possession restrictions
  • Potential protective orders
  • No-contact bond conditions

Assault involving a stranger generally carries less severe consequences. Learn more about how courts treat these cases differently in Assault on a Family Member vs. Stranger in Texas Courts.

Common Scenarios That Lead to Arrest in Harris County

In Harris County, assault arrests frequently stem from everyday situations: bar fights, road rage, domestic arguments, and even heated conversations. The law doesn’t require a visible injury—just a statement from someone who felt threatened can be enough. See real-life examples in our post: Common Assault Scenarios That Lead to Arrest in Harris County.

How Assault Cases Are Handled in Galveston County

Galveston County has its own approach to prosecuting assault cases. Judges and prosecutors often take a more personal and rigorous look at each case. Diversion programs may be less available than in Harris County, and protective orders are more likely to be imposed. For a full breakdown of Galveston’s process and how it affects your defense options, read: How Assault Cases Are Handled Differently in Galveston County Courts.

Can Verbal Arguments Lead to Assault Charges?

Absolutely. If your words are interpreted as a threat of imminent harm, you can be charged with assault—even if the argument never turned physical. These cases are especially common in domestic or workplace disputes. For an in-depth look, visit: Can Verbal Arguments Lead to Assault Charges in Texas?

Legal Penalties for Assault in Texas

Here’s a general overview of penalties by classification:

  • Class C Misdemeanor: Fine up to $500, no jail time
  • Class A Misdemeanor: Up to 1 year in jail and/or fine up to $4,000
  • Third-Degree Felony: 2 to 10 years in prison, up to $10,000 fine
  • Second-Degree Felony: 2 to 20 years in prison, up to $10,000 fine
  • First-Degree Felony: 5 to 99 years or life in prison, up to $10,000 fine

Enhancements may apply for repeat offenses, use of weapons, or assault against protected individuals (e.g., public servants, elderly persons).

The Legal Process in Harris and Galveston Counties

Assault cases typically follow this process:

  1. Arrest: You may be arrested on scene if police believe there’s probable cause.
  2. Bond Hearing: You appear before a judge, who sets bail and conditions of release.
  3. Arraignment: You formally hear the charges and enter a plea.
  4. Pre-Trial Motions and Hearings: Evidence is reviewed, and attorneys negotiate.
  5. Trial or Plea: Your case is resolved either through plea deal or trial.

Court settings and procedures may vary slightly between Harris and Galveston Counties, but both jurisdictions take assault charges seriously and move quickly. Having a criminal defense attorney near you who understands local court customs is critical.

Why You Need an Attorney Near You

Whether you’re facing a misdemeanor or a felony, an assault charge in Texas is a serious legal matter. A conviction can lead to jail, fines, and a lasting criminal record—not to mention the loss of your rights, reputation, and future opportunities.

At the Law Office of JL Carpenter, we represent individuals across Harris County and Galveston County charged with assault, family violence, and aggravated assault. As a former felony prosecutor, JL Carpenter knows how the state builds its case—and how to take it apart.

Call (713) 201-6767 or contact us online to schedule your confidential consultation. Get a defense strategy tailored to your case, your goals, and your future.