If you’ve been charged with an assault crime in Texas, you’re probably wondering what you can expect to face as consequences. While the specifics of your penalties will depend on the details of your case, there are some general rules regarding what counts as assault and what charges you might face.
Keep reading to learn more about assault charges in Texas and the penalties you may face.
What Counts as Assault in Texas?
Assault is a broad term that includes many different types of bodily harm. In Texas, there are three primary types of assault:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Threatening imminent bodily injury against another person
- Making physical contact with another person in an offensive way
With this in mind, you don’t actually need to cause physical harm to another person in order to be charged with assault in Texas. Instead, you may face charges for simply threatening but not perpetrating bodily harm. However, the level of your charges will vary depending on the circumstances of your case, including whether or not you caused serious bodily injury and whether or not a deadly weapon was involved.
Does Yelling Count as Assault in Texas?
One question that we’re often asked, especially in cases of domestic disputes, is whether or not yelling can count as assault. Bodily injury is not required to be charged with assault, and yelling may sometimes meet the criteria. It all comes down to the content of your words. If you’re yelling a threat of bodily harm, then you may be charged with assault. Yelling about things other than a direct threat is less likely to lead to an assault conviction.
What Is Aggravated Assault?
Another key factor determining the severity of the penalties you’ll likely face due to an alleged assault is whether or not you’re being charged with plain or aggravated assault. Aggravated assault is a type of assault characterized by one of two factors: the use of a deadly weapon, and serious bodily harm. If you used a deadly weapon in the course of your crime, or your actions resulted in severe injuries, you are likely to get an aggravated assault charge.
What Is the Charge for Assault in Texas?
The charges for assault in Texas, or any state for that matter, will vary from case to case depending on the details of that case. In general, the charges for assault are as follows:
- Class C Misdemeanor – For physical contact that is offensive but does not cause injury, you may be charged with Class C Misdemeanor Assault, the lowest charge of assault in Texas.
- Class B Misdemeanor – When a non-sports player threatens a player with bodily harm or causes offensive physical contact, that may be a Class B Misdemeanor Assault.
- Class A Misdemeanor – When physical contact results in a non-serious injury, the most common charges are Class A Misdemeanor Assault charges.
- Third-Degree Felony – An assault on a public servant, such as a first responder, may lead to a Third-Degree Felony Assault charge.
- Second-Degree Felony – An assault with a deadly weapon, an assault causing serious injury, and an assault on a witness may be a Second-Degree Felony Assault.
- First Degree-Felony – An assault that leads to a vegetative coma or an assault against a romantic partner may be a First-Degree Felony.
Keep in mind that the guidelines laid out above are not hard-and-fast rules. Your case may involve aggravating factors that could escalate your charges.
What Are the Penalties for Assault Charges in Texas?
Figuring out what charges you might face for an assault is only the first step in determining what penalties you can expect. Next, you’ll need to consider what the potential consequences may be for each type of charge, as shown below:
- Class C Misdemeanor – Fines of up to $500, no jail time, only a fine
- Class B Misdemeanor – Fines of up to $2,000 and up to six months in jail
- Class A Misdemeanor – Fines of up to $4,000 and up to one year in jail
- Third-Degree Felony – Fines of up to $10,000 and between two and ten years in jail
- Second-Degree Felony – Fines of up to $10,000 and between two and twenty years in jail
- First-Degree Felony – Fines of up to $10,000 and between five years and life in prison
As you can see, there’s no set penalty for any specific charge of assault in Texas. Instead, your penalties will be based on the details of your case.
Get Assault Defense in San Antonio From the Law Office of John G. Perez Jr.
If you’ve been charged with assault in Texas, you need help from a criminal defense attorney to defend your freedom and your reputation. Assault charges can be life-changing, but a defense attorney can help you seek to reduce or dismiss your charges.
You don’t have to face your alleged victim and the criminal justice system on your own: The Law Office of John G. Perez Jr. will stand by your side every step of the way and make a strong case on your behalf. Let John do the worrying for you.