A Comprehensive Guide to Defending Assault Charges in Texas

Facing assault charges in Texas can change your life in an instant. Whether it started with a heated argument or a misunderstanding, the consequences of an assault accusation can be serious. At Daniel Collins Law, we’ve created this guide to help you understand what these charges mean, what you could be facing, and how a strong defense can make a difference.

We know you’re probably feeling anxious or overwhelmed, and you’re not alone. If you’re under investigation or already charged, you don’t have to figure it all out by yourself. Let’s break it down, step by step.

What is Assault in Texas?

Assault charges come in many forms, and not every case involves serious injury or physical violence. Under Texas law, the definition of assault is broader than many people think. Even a minor incident can result in a serious charge. That’s why it’s important to understand what conduct the law covers and what the state must prove.

Legal Definition of Assault

In Texas, assault is defined as intentionally, knowingly, or recklessly:

Causing bodily injury to another person,
Threatening someone with imminent bodily injury, or
Causing physical contact when you know or should reasonably believe the other person would find it offensive or provocative.

This means you can be charged with assault even if no one was hurt. Words, gestures, and even minor physical contact may be enough in some situations.

Texas Penal Code Section 22.01 governs assault. Prosecutors rely on this statute to charge a range of behaviors—from a shove in a bar to a punch during a heated dispute.

Types of Conduct That May Qualify as Assault

Assault can include more than just punching or hitting. It might involve pushing someone during an argument, grabbing a person’s arm in anger, or making a verbal threat that causes someone to fear for their safety.

It can also include situations that start as self-defense but escalate in the eyes of law enforcement. For example, you may have felt cornered and reacted instinctively, only for officers to arrest you for assault. Each case is different, and the details matter.

Verbal threats, even without physical contact, may be charged if they cause fear of immediate harm. Similarly, touching someone in a way that is clearly disrespectful or confrontational may be considered assault.

Intent and Mental State Requirements

Intent is a key part of any assault charge. Prosecutors must show that you acted on purpose, knew what you were doing, or behaved recklessly. In some cases, what looks like assault might actually be an accident or the result of confusion.

The law distinguishes between someone who throws a punch in anger and someone who accidentally bumps into another person. However, proving what was going on in someone’s mind isn’t always straightforward. Sometimes witnesses or the alleged victim misunderstand what happened. That’s why it’s essential to have a defense attorney who can present your side of the story.

Domestic Assault

When an assault involves a family or household member, the stakes go up. Domestic assault charges can lead to more serious consequences and long-term restrictions. These cases can impact child custody, housing, and future employment. Courts often treat domestic violence cases with extra scrutiny.

How Domestic Assault Differs from Other Assault Charges

Domestic assault is not a separate offense under Texas law, but it involves certain relationships that trigger additional penalties. If the alleged victim is a spouse, ex-partner, roommate, or someone you’ve had a dating relationship with, the case is considered domestic.

These charges can carry enhanced penalties, even for a first offense. Prosecutors often take a more aggressive approach in domestic cases. You could also lose the right to possess firearms if convicted. Additionally, domestic assault cases often involve fast-moving legal consequences, like emergency protective orders and conditions of release.

Who Qualifies as a Family or Household Member

Texas law has a broad definition of family and household members. It includes:

Current or former spouses
People who live together or have lived together
Individuals who share a child
People in a current or past dating relationship
Relatives by blood, marriage, or adoption

Even if the alleged victim no longer lives with you or the relationship has ended, the charge can still be treated as domestic assault. It’s also worth noting that the courts don’t require cohabitation to apply these enhanced provisions. One past romantic relationship can be enough.

Protective Orders and Their Consequences

If you’re accused of domestic assault, a judge may issue a protective order. This can restrict you from going near the alleged victim’s home, workplace, or school. You might also be ordered to leave your own residence.

Protective orders can be temporary or long-term and may include conditions such as no contact, surrendering firearms, or staying away from mutual children. Violating a protective order is a separate criminal offense and can lead to jail time, even before your assault case is resolved. These orders can also impact divorce or child custody proceedings.

Felony Assault

Not all assault charges are misdemeanors. Some situations elevate the offense to a felony, which comes with harsher penalties and long-term consequences. Felony charges carry greater risks—including prison, larger fines, and life-altering collateral consequences.

What Makes an Assault Charge a Felony in Texas

An assault may be charged as a felony if it involves serious bodily injury, a deadly weapon, or certain protected victims. Repeat offenses and prior domestic violence convictions can also lead to felony charges.

Examples of Aggravating Factors

Several factors can turn a misdemeanor assault into a felony, such as:

Use of a firearm, knife, or other deadly weapon
Injuring a police officer, firefighter, or other public servant
Assaulting someone who is elderly or disabled
Prior convictions for domestic assault
Assault committed during the commission of another crime

These factors are taken seriously by both prosecutors and judges and can lead to enhancements that increase sentencing ranges.

Consequences of a Felony Assault Conviction

If convicted of felony assault, you could face years in prison, thousands of dollars in fines, and a permanent criminal record. Felony convictions can also limit your ability to own firearms, vote, or find employment in many fields.

Depending on the degree, penalties may range from two years in state jail to life in prison. You may also face supervised release, mandatory counseling, and restitution to the alleged victim. Felony convictions are difficult to expunge, meaning they may follow you for life.

Misdemeanor Assault Charges in Texas

Most assault charges in Texas are misdemeanors. But even a misdemeanor on your record can have a long-term impact. Here’s how the different classes of misdemeanor assault work.

Class C Misdemeanor

Definition and Common Scenarios

This is the least serious assault charge. It typically involves threats or physical contact that doesn’t cause injury. Examples include poking someone in the chest during an argument or yelling threats in a way that makes someone fear harm. Disorderly conduct or confrontations that don’t leave physical injuries may be prosecuted under this class.

Penalties and Legal Consequences

Class C misdemeanors are punishable by a fine of up to $500.

Jail time is not part of the sentence, but the charge can still appear on your record and affect your reputation. Employers, schools, and landlords may see the charge during a background check.

Class B Misdemeanor

When This Charge Applies

Class B charges are less common in assault cases but may apply in certain situations, such as assaulting a sports official or violating a protective order for the first time. They may also be used when the alleged conduct doesn’t result in injury but includes aggravating behavior.

Legal Ramifications

A Class B misdemeanor carries up to 180 days in jail and a fine of up to $2,000. It also creates a permanent record unless expunged.

Class A Misdemeanor

Severity and Typical Circumstances

This is the most serious misdemeanor assault charge. It usually involves causing bodily injury to another person, even if the injury is minor. Class A assault is often charged in fights or confrontations where someone is pushed, struck, or harmed in some way.

Possible Sentences and Fines

Class A misdemeanors are punishable by up to one year in jail and a fine of up to $4,000. Probation, counseling, and community service are sometimes part of the sentence. In domestic cases, a conviction can also result in a loss of gun rights under federal law.

Penalties for Assault Charges in Texas

The penalties for assault vary depending on the severity of the charge, your criminal history, and the specific facts of the case. But the consequences often extend beyond the courtroom. There’s more at stake than just fines or jail time. Your personal life and professional future may hang in the balance.

Jail Time and Fines

Assault charges can lead to:

Fines from $500 to $10,000
Jail time from a few days to life in prison (in extreme cases)
Probation with mandatory conditions
Restitution to the victim

Repeat offenses can increase sentencing ranges. If the assault occurred in front of a child or involved a weapon, the penalties may be enhanced.

Long-Term Impact on Employment and Reputation

A conviction can show up on background checks, limit your job options, and damage your personal relationships. Certain industries, like healthcare, education, and law enforcement, may be completely off-limits. You may also have difficulty leasing an apartment or pursuing specific professional licenses. Even if the case results in probation, your reputation may still suffer.

Probation, Community Service, and Other Outcomes

In some cases, you might be eligible for probation instead of jail. This can include:

Regular check-ins with a probation officer
Mandatory anger management or domestic violence classes
Community service hours
Drug or alcohol testing

If you complete the terms of probation successfully, you may be able to avoid serving jail time. However, violating probation terms can send you to jail.

Defenses to Assault Charges

Being charged doesn’t mean you’re guilty. You have the right to defend yourself, and several legal defenses may apply depending on the facts of your case. A good defense strategy can lead to reduced charges, a plea deal, or even a complete dismissal.

Self-Defense

Texas law allows you to use force to protect yourself if you reasonably believe you’re in danger of harm.

If someone attacks you, or even threatens you in a way that makes you fear for your safety, you may be justified in responding with force—so long as that force is proportional to the threat.

The key factors in self-defense cases are whether you had a reasonable belief that force was necessary and whether your response was appropriate under the circumstances. If you were not the aggressor and acted to protect yourself from injury, we can argue that your actions were lawful.

Defense of Others

Texas law also permits the use of force to protect someone else, not just yourself.

If you saw someone else being attacked or threatened and stepped in to stop the harm, your actions may be legally justified.

The law looks at whether a reasonable person in your position would have believed that force was immediately necessary to protect the third party. If the person you were defending had the right to use force, then you may also be legally protected for acting on their behalf.

Defense of Property

If you were protecting your home or belongings, you may have had a legal right to use force.

When You’re Legally Justified to Use Force

Texas law allows you to defend your property against theft or trespass. The key is whether the amount of force used was reasonable under the circumstances. You don’t have to wait to be harmed, but the law doesn’t allow excessive or retaliatory violence.

Consent

In some situations, both parties agreed to physical contact.

Mutual combat—like a bar fight where both people were willing participants—can sometimes lead to a defense based on consent. This defense doesn’t always result in dismissal, but can lead to lesser charges or a reduced sentence.

Insufficient Evidence

The burden is on the prosecution to prove every element of the charge beyond a reasonable doubt. If the evidence is weak or incomplete, we can argue for dismissal or acquittal. This might include a lack of witnesses, unclear video footage, or inconsistent statements from the alleged victim. Sometimes the police report doesn’t match what actually happened.

Police Misconduct

Officers don’t always follow the rules. If your rights were violated, we can challenge the charges.

Improper Investigation or Violation of Rights

Examples include:

Illegal searches or arrests
Coerced confessions
Failure to read your Miranda rights
Racial profiling
Tampering with or misreporting evidence

If we uncover misconduct, the court may exclude evidence or even dismiss the case entirely.

Protect Your Future — Contact Us Today

Don’t wait to get help. The sooner we can start building your defense, the better your chances of a positive outcome.

Why Early Legal Representation Matters

From preserving surveillance footage to talking to witnesses before memories fade, early action can make a big difference. Prosecutors start building their case right away—so should you. We’ll listen to your side of the story, explain your options, and stand up for your rights every step of the way. Our goal is to protect your freedom and your future.

Schedule a Free Consultation

At Daniel Collins Law, we’ve helped people across Texas face assault charges with confidence and clarity. If you’re ready to take the next step, we’re here to talk. Call us today to set up a free consultation and find out how we can help protect your future. Whether you’ve been charged or just have questions, we’re ready to listen and help you move forward.

Request your free consultation today