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.

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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.

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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

2nd Degree Felony Assault Aggravated Assault

Assault causing serious bodily injury OR use/exhibition of a deadly weapon. 2–20 years in prison, $10,000 fine. The most commonly charged felony assault in Harris County.

1st Degree Felony

1st Degree Felony Assault Aggravated Assault (Elevated)

Aggravated assault against a family member, public servant, or witness; or committed with a deadly weapon and resulting in serious injury. 5–99 years or life in prison.

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Texas Law · Penal Code §22.01–22.02  Assault Penalties in Texas — Full Breakdown

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Note: Convictions may also result in protective orders, loss of firearm rights, immigration consequences, professional license suspension, and sex offender registration in certain assault-related cases.

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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.

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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

Upon arrest for family violence in Texas, several things happen automatically:

Emergency Protective Order (EPO)

A magistrate issues an EPO at or shortly after arrest, prohibiting contact with the complaining witness for a minimum of 31–91 days. Violating an EPO is a separate criminal offense.

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

A family violence conviction is a factor in Texas Family Court and can affect custody, visitation rights, and the outcome of any concurrent family law proceedings.

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

Your first appearance in the assigned court, where charges are formally read and you enter a plea. Misdemeanor assaults are heard in Harris County Criminal Courts at Law (16 courts). Felony assaults go to the Harris County District Courts. Your attorney appears with you and begins communicating with the State’s prosecutor.

03 Discovery & Investigation

Your attorney requests all evidence from the State under the Michael Morton Act: body camera footage, 911 audio, police reports, medical records, prior incident reports, and witness statements. This phase is critical — what the footage actually shows often differs significantly from what the police report says.

04 Affidavit of Non-Prosecution (if applicable)

In many family violence cases, the complaining witness changes their account or decides they do not wish to proceed. A properly executed ANP is presented to the DA. While the State is not bound by it, a well-timed ANP combined with a weak evidence file significantly increases the odds of dismissal or a favorable plea.

05 Pre-Trial Motions

Your attorney may file motions to suppress illegally obtained evidence, challenge witness identification procedures, or contest the sufficiency of the charging instrument. A successful suppression motion can force the State into a better plea offer or outright dismissal.

06 Plea Negotiations or Trial

The majority of assault cases resolve through negotiated pleas. Depending on your history and the evidence, options may include deferred adjudication (avoiding a final conviction), a reduction in charge, or community supervision. If the State’s offer is unacceptable, your attorney takes the case to a jury.

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Your Defense Strategy Common Defenses to Assault Charges in Texas
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Texas law provides several powerful defenses to assault charges. An experienced attorney evaluates all of them against the specific facts of your case:

Self-Defense (Texas Penal Code § 9.31)

Texas law explicitly permits the use of force — including deadly force in certain circumstances — to protect yourself from another’s unlawful use of force. If you reasonably believed force was necessary to protect yourself, self-defense is a complete defense. Texas’s Castle Doctrine (§ 9.32) and no duty to retreat rules are among the strongest in the nation.

Defense of a Third Person (§ 9.33)

Texas law allows you to use force to protect another person under the same conditions you could defend yourself. This is particularly relevant in bystander intervention situations or parents protecting their children.

Lack of Intent or Knowledge

Most Texas assault charges require intentional, knowing, or reckless conduct. If the contact or injury was purely accidental — not reckless — the State cannot meet its burden of proof on the mental state element.

Consent

Certain types of contact — particularly in the context of mutual combat or sporting activity — may not constitute assault because the alleged victim consented to the physical contact. This is a limited but real defense in appropriate cases.

Fabricated or Exaggerated Allegations

In domestic situations, assault allegations are sometimes made during contentious breakups, divorces, or custody disputes. Medical records, surveillance footage, witness testimony, and inconsistencies in the complainant’s account can expose false or overstated claims.

Insufficient Evidence / No Injury

The State must prove bodily injury beyond a reasonable doubt for most assault charges. If the alleged injury is minor, inconsistent, or uncorroborated by medical evidence or photographs, the State’s case may be too weak to sustain a conviction.

Unlawful Arrest or Constitutional Violations

If officers violated your Fourth or Fifth Amendment rights — entering your home without a warrant, searching without consent, or failing to Mirandize you — evidence obtained as a result may be suppressed, substantially weakening the prosecution’s case.

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