Assault in Texas: Penalties and Charges

Assault in Texas: Penalties and Charges

Originally Published January 13th, 2020

As stated in the Penal Code of Texas, a simple assault can send you to jail. Whether or not intentional, or you caused injury or only threatened to harm another person, you can face assault charges and get arrested.

Assault has a broad definition. Telling someone that you are going to beat them up, or threatening them that you are going to put them in danger, is also considered simple assault.

Even if you didn’t cause injury or did not actually touch the other person, it’s assault as per the law.

Unless you harmed the victim to the extent that they got hospitalized, you would most likely be facing a charge of aggravated assault.

Actions that are provocative or offensive, such as pushing or poking someone in the chest is also considered assault.

WHAT ARE THE PENALTIES FOR MISDEMEANOR ASSAULT?

While penalties for simple assault vary from each state, in the state of Texas, sentences are classified as a Class A, Class B, or Class C misdemeanor.

CLASS A MISDEMEANOR

You could be charged with a Class A misdemeanor if you caused physical harm to another person. Attacking a disabled or an elderly even without causing physical injuries to them also qualifies as Class A misdemeanor.

Punishment for Class A misdemeanor assault is up to one year in jail and, a fine of no more than $4,000.

CLASS B MISDEMEANOR

Class B misdemeanor occurs when you cause injury to an athlete taking part in a sporting event. Attacking referees or sports officials who make bad calls is also a Class B assault.

Class B assault can result in imprisonment for up to six months and a fine of no more than $2,000.

CLASS C MISDEMEANOR

Physically provoking or threatening to harm other people without causing them injury falls under Class C misdemeanor. While this type of misdemeanor won’t result in jail time, you can have a fine of up to $500.

In some cases, you will need to pay the victim for the medical treatment or property damage on top of the punishment for the penalties you will be facing.

Threatening someone with a gun is considered an assault in Texas.

SIMPLE ASSAULT CAN BECOME A FELONY

Most simple assault cases are often charged as misdemeanors. However, a misdemeanor assault can become a felony, especially for aggravated circumstances.

FIRST-DEGREE FELONY ASSAULT

The most severe assault charge is a first-degree felony. This occurs when you attack security officers and criminal witnesses. If you face a first-degree assault, you will have a fine of $10,000 and the possibility of a life sentence. (Related: How to Reduce a Prison Sentence)

SECOND-DEGREE FELONY ASSAULT

If you use a deadly weapon with or without causing a severe injury to other people qualifies for a second-degree felony assault. As well as attacking a family member also applies under this classification.

Penalty for a second-degree felony is a fine of no more than $10,000 and imprisonment for up to twenty years.

THIRD-DEGREE FELONY ASSAULT

While the charges for a third-degree felony are less severe than a first and second-degree felony assault, punishment for this is much serious than a misdemeanor.

You can face a third-degree felony assault if the person you attacked is a:

  • Public Servant
  • Date
  • Household Member
  • Government Contractor for Family Services
  • Emergency Services Personnel

The punishment for a third-degree felony assault can include up to ten years of imprisonment and a fine up to $10,000.

Whether the assault was intentional or due to a reckless action, the best way to face these charges is to consult an experienced criminal defense lawyer. (Related: Can Non-payment of Debt Send You To Prison?)

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Franchette Agatha an author for GlobalTel

ABOUT THE AUTHOR

Franchette Agatha Jardin believes that everyone has the capacity to help those who are in need. She writes blogs about issues and news surrounding those in prison in the hopes of restoring a little extra faith in humanity.

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