Assault Charges
Understanding Your Charge
Assault Charges in Texas: What You Need to Know
In Texas, “assault” covers a wide spectrum of conduct — from an offensive touch or verbal threat all the way to a violent attack causing serious injury. Under Texas Penal Code § 22.01, a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another in a way the person knows will be regarded as offensive or provocative.
The severity of the charge — and the severity of the consequences — depends on who the alleged victim is, what injuries resulted, whether a weapon was involved, and your prior criminal history. What begins as a Class A misdemeanor can be elevated to a felony based on a single aggravating factor.
What never changes: you have the right to a defense. Texas assault cases are regularly won at trial or negotiated to significantly better outcomes. The facts rarely tell only one story — and experienced defense attorneys know how to tell yours.
Charge Classifications
Types of Assault Charges in Harris County
Misdemeanor
Simple Assault — Class C
Threatening bodily injury or offensive contact with no physical injury. Punishable by fine only (up to $500). Often charged in domestic disputes where no visible injury exists.
Misdemeanor
Simple Assault — Class B
Assault against a sports participant (referee, player) during or after a sporting event. Up to 180 days in jail, $2,000 fine.
Misdemeanor
Simple Assault — Class A
Causing bodily injury to another person. The baseline assault charge. Up to 1 year in jail, $4,000 fine. Elevated to felony with certain victims or prior history.
3rd Degree Felony
Assault — Family Violence (Repeat)
A second family violence assault conviction elevates to a 3rd degree felony. 2–10 years in prison, $10,000 fine. Also applies to assault against certain public servants.
2nd Degree Felony
Aggravated Assault
1st Degree Felony
Aggravated Assault (Elevated)
Texas Law · Penal Code §22.01–22.02
Assault Penalties in Texas — Full Breakdown
| Charge | Level | Jail / Prison | Max Fine | Key Factors |
|---|---|---|---|---|
| Assault (offensive contact / threat) | Class C Misdemeanor | None | $500 | No injury required; most common in domestic calls |
| Assault (sports participant) | Class B Misdemeanor | Up to 180 days | $2,000 | Victim must be a participant or official in a sporting event |
| Assault (bodily injury) | Class A Misdemeanor | Up to 1 year | $4,000 | Baseline assault charge; pain qualifies as “bodily injury” |
| Assault (family violence — 1st offense) | Class A Misdemeanor | Up to 1 year | $4,000 | Family/household member; triggers federal firearm disability |
| Assault on elderly/disabled | 3rd Degree Felony | 2–10 years | $10,000 | Victim 65+ or disabled; serious bodily injury elevates to 2nd degree |
| Assault (family violence — repeat) | 3rd Degree Felony | 2–10 years | $10,000 | Prior family violence conviction required |
| Assault on public servant | 3rd Degree Felony | 2–10 years | $10,000 | Officer, firefighter, EMS; victim must be lawfully discharging duties |
| Aggravated Assault | 2nd Degree Felony | 2–20 years | $10,000 | Serious bodily injury or deadly weapon |
| Agg. Assault (family / public servant / witness) | 1st Degree Felony | 5–99 years / Life | $10,000 | Most serious non-homicide assault charge in Texas |
Special Category
Family Violence Assault in Harris County — What Makes It Different
Family violence assault is treated differently from the moment of arrest. Under Texas Family Code § 71.004, “family violence” includes assault against a spouse, former spouse, dating partner, co-parent, or household member. Harris County’s criminal courts take these charges seriously — and the Harris County DA’s Office has a dedicated Family Criminal Law Division with a no-drop prosecution policy.
That means even if the complaining witness later refuses to cooperate or signs an Affidavit of Non-Prosecution (ANP), the State can — and often does — proceed with the case using other evidence: 911 recordings, officer body camera footage, photos of injuries, medical records, and prior incident reports.
Immediate Consequences of a Family Violence Arrest
Emergency Protective Order (EPO)
Federal Firearms Disability
A misdemeanor family violence conviction — even a Class A — triggers a lifetime federal firearms disability under 18 U.S.C. § 922(g)(9). This means you can never legally own or possess a firearm under federal law. This applies to hunters, gun owners, and those in law enforcement or the military.
Mandatory Hold at Jail
Texas law requires a mandatory hold before bond can be set in family violence cases — you cannot be released immediately even if bond is low.
Impact on Child Custody
What to Expect
How a Harris County Assault Case Moves Through the Courts
01
Arrest & Magistration
After an arrest in Harris County, you are booked and brought before a magistrate judge — typically within 24 hours — for a probable cause hearing and bond setting. In family violence cases, a mandatory hold applies before bond can be set. An attorney can appear at magistration to advocate for a lower bond.
02
Arraignment & Plea
03
Discovery & Investigation
04
Affidavit of Non-Prosecution (if applicable)
05
Pre-Trial Motions
06
Plea Negotiations or Trial
Your Defense Strategy
Common Defenses to Assault Charges in Texas
Self-Defense (Texas Penal Code § 9.31)
Defense of a Third Person (§ 9.33)
Lack of Intent or Knowledge
Consent
Fabricated or Exaggerated Allegations
Insufficient Evidence / No Injury
Unlawful Arrest or Constitutional Violations
Frequently Asked Questions
Houston Assault Defense — Questions Answered
Yes. Assault charges in Texas — including family violence assault — can be dismissed. Common reasons include: the evidence does not support the charge beyond a reasonable doubt; key evidence is suppressed following a successful pre-trial motion; the complaining witness provides an affidavit of non-prosecution and the State's file is weak; or inconsistencies in the officer's account undermine the case. Even under the Harris County DA's no-drop policy for family violence cases, dismissals occur regularly when the evidence is insufficient.
No — not unilaterally. Once assault charges are filed in Texas, the case belongs to the State, not the victim. The complaining witness can sign an Affidavit of Non-Prosecution (ANP), indicating they do not wish to proceed, but the DA is not legally required to dismiss the case on that basis alone. However, a signed ANP combined with insufficient corroborating evidence significantly increases your chances of dismissal. Your attorney can help navigate this process strategically.
Simple assault under Texas Penal Code § 22.01 involves causing bodily injury, making a threat of imminent bodily injury, or offensive physical contact — and is typically a misdemeanor. Aggravated assault under § 22.02 involves either serious bodily injury (i.e., injury creating a substantial risk of death, permanent disfigurement, or protracted loss of a body part or organ) or the use or exhibition of a deadly weapon. Aggravated assault is always a felony, carrying 2–20 years in prison for a second-degree charge and up to life for a first-degree charge.
Possibly — and this is one of the most important consequences people overlook. A conviction for misdemeanor assault involving family violence triggers a lifetime federal firearms disability under 18 U.S.C. § 922(g)(9). This means you can never legally own, purchase, or possess a firearm under federal law — regardless of Texas state law. A felony conviction also causes loss of gun rights under both Texas and federal law. This is one of the strongest reasons to fight a family violence assault charge rather than simply accepting a plea.
If your assault case is dismissed or you are acquitted at trial, you are generally eligible for a full expunction under Texas Code of Criminal Procedure Chapter 55 — which erases the arrest entirely. If you receive deferred adjudication community supervision and successfully complete it, you may be eligible for an order of non-disclosure, which seals the record from public view. A standard assault conviction (final conviction) cannot be expunged in Texas. This distinction is one more reason why fighting the charge — rather than accepting a conviction — matters enormously.
Texas does not use the term "Stand Your Ground" in its statutes, but its self-defense laws (Texas Penal Code §§ 9.31–9.32) are functionally equivalent. Texas law provides that a person has no duty to retreat before using force in self-defense, as long as they are in a place they have a right to be and are not engaged in criminal activity. This is one of the broadest self-defense frameworks in the country and forms the backbone of many successful assault defenses in Harris County.
A Class A misdemeanor assault in Harris County typically resolves in 6–12 months, depending on the court's docket and case complexity. Felony assault cases — especially aggravated assault — often take 12–24 months or longer before final resolution. Cases that go to trial take longer than those resolved through negotiated pleas. Your attorney can give you a more specific timeline based on the court your case is assigned to and the current Harris County docket.
