When most people hear the word “assault,” they think of physical violence. But under Texas law, you don’t need to throw a punch to be charged. Assault covers a wide range of behaviors, including threats, unwanted contact, and actions that cause fear or bodily injury. Even something as simple as raising a fist or getting too close during a heated argument can land someone in legal trouble if the other person feels threatened.
Because the law casts a wide net, many people are surprised to find themselves facing charges over something they believed was minor or misunderstood. At Vinas & Graham, PLLC, we’ve seen firsthand how even a Class C misdemeanor assault can leave a lasting mark on someone’s record, affecting employment, housing, and future opportunities in unexpected ways.
The Legal Definition of Assault in Texas
Under the Texas Penal Code, assault covers a broad range of actions and doesn’t always require visible harm. A person may be charged with assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person. This can include actions like hitting, kicking, or pushing someone in a way that causes pain or physical harm.
- Intentionally or knowingly threaten another person with imminent bodily injury. Verbal threats or aggressive gestures that make someone fear immediate harm can qualify.
- Intentionally or knowingly make physical contact with someone when they know or should reasonably believe the other person would find it offensive or provocative. This often includes unwanted touching, poking, or shoving.
That means a charge can result from actual harm, a perceived threat, or even a minor physical action. The law gives prosecutors room to pursue charges even when no injury occurs, as long as the conduct made the other person fear immediate danger.
How Assault Charges Are Classified
Assault charges in Texas can range from a Class C misdemeanor to a first-degree felony. The classification depends on the severity of the conduct, the relationship between the people involved, and whether a weapon or injury was involved.
- Class C misdemeanor: Threats or offensive contact, usually resulting in a fine
- Class A misdemeanor: Bodily injury to another person, such as a punch or shove that causes pain
- Third-degree felony: Assault against specific protected individuals, such as public servants, emergency workers, or family members, in some instances
- Second or first-degree felony: Severe cases involving serious bodily injury or use of a deadly weapon
Domestic violence cases, assaults involving choking or strangulation, and attacks on law enforcement can quickly elevate what might otherwise seem like a lower-level charge.
Why Legal Representation Matters Early
The stakes in assault cases are often higher than people expect. A conviction can lead to jail time, fines, and a permanent criminal record. For non-citizens, it can also impact immigration status. In some cases, the accused may be held without bail or face protective orders that affect where they can live or who they can contact.
Early legal help can make all the difference. A strong defense may involve showing there was no intent to harm, that the accused acted in self-defense, or that the alleged victim’s claims are inconsistent with the evidence. Getting ahead of the case early also helps prevent missteps that prosecutors can use against you later.
Facing Assault Charges? Don’t Wait to Act
An assault charge in Texas isn’t something to take lightly. Even if you believe the incident was a misunderstanding or that no real harm was done, prosecutors may still press forward. What happens next can affect your future in lasting ways.
With over four decades of combined experience, attorneys Joe Vinas and Spence Graham of Vinas & Graham, PLLC, bring a deep understanding of how assault cases are prosecuted and defended in Texas. Their backgrounds as former felony chief prosecutors give them a valuable perspective when assessing charges and crafting a defense. If you’ve been accused of assault in Houston or nearby, reach out today, and let’s build a solid defense for your case.
