An arrest for assault in Texas can be a disorienting and frightening experience. Whether the incident involved a heated argument that escalated or a threat to someone, the legal consequences can follow you for the rest of your life.
Texas has some of the strictest violent crime statutes in the entire country. If you find yourself facing charges, understanding Texas assault laws and the potential assault charges should be the first step in protecting your future.
Below, we’ll break down how assault is defined, the difference between misdemeanor and felony charges, and why local representation is critical if you are facing a misdemeanor assault in Bryan or College Station.
How Does Texas Define Assault?
Under Texas Penal Code Section 22.01, a person commits an assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person.
- Intentionally or knowingly threaten another with imminent bodily injury.
- Intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
It is a common misconception that you have to “beat someone up” to be charged. But in reality, something as simple as poking someone in the chest during an argument or a hollow threat to hit someone can lead to an arrest.
Misdemeanor Assault in Texas: The Classifications
Most first-time assault offenses that do not involve a weapon or serious injury are classified as misdemeanors. However, a misdemeanor assault in Texas still carries the weight of a criminal record.
- Class C Misdemeanor: This is the least severe form of assault, often involving “offensive contact” or threats without injury. Examples include threats to injure or a simple poke at another person. While it does not result in jail time, a conviction can still mar your record.
- Class B Misdemeanor: Typically involves an assault against a person who is a sports participant (like an official) during an event.
- Class A Misdemeanor: This is the most common charge. It involves causing “bodily injury” to another. In Texas, “bodily injury” is defined broadly as anything that causes physical pain. Examples include physical fights or shoving.
Assault Charges Texas Penalty: What Are You Facing?
The penalties for assault depend entirely on the classification of the crime and whether there are “aggravating factors” (such as the use of a weapon or a history of domestic violence).
- Class C Misdemeanor: A fine of up to $500.
- Class B Misdemeanor: Up to six months in county jail and a fine of up to $2,000.
- Class A Misdemeanor: Up to one year in county jail and a fine of up to $4,000.
- Third-Degree Felony: 2 to 10 years in prison and a fine of up to $10,000 (common in cases involve: family violence with a prior conviction or strangulation).
- Second-Degree Felony (Aggravated Assault): 2 to 20 years in prison.
- First-Degree Felony: Up to life in prison (usually involving a public servant or a weapon causing serious injury).
The Importance of Local Defense in Bryan & College Station
The legal process following an arrest can vary significantly depending on where you are charged. If you are dealing with a misdemeanor assault in College Station, you may be dealing with the unique dynamics of a university town and the specific procedures of the Brazos County court system.
Similarly, a misdemeanor assault in Bryan requires an attorney who understands the local prosecutors and judges. A local defense lawyer can evaluate the evidence, such as witness statements, body cam footage, and medical reports, to determine if your rights were violated or if you acted in self-defense. These and other factors can make the difference in your case.
What to Do If You Are Charged
If you are charged with assault, the most important thing you can do is remain silent. Anything you say to the police “to clear the air” can and will be used against you in court.
Your next step should be to contact an experienced criminal defense attorney. A strong defense can often lead to reduced charges, alternative sentencing, or even a full dismissal.
Contact Spiegelhauer Law Today
At Spiegelhauer Law, we understand that there are two sides to every story. We are dedicated to protecting the rights of those accused of assault in Bryan, College Station, and throughout Brazos County. We will work tirelessly to investigate your case and build a strategy designed to achieve the best possible outcome for you.
Call us: (979) 450-7250 || jake@spiegllegal.com || 111 East 27th St Suite 302, Bryan TX 77803 || https://spiegllegal.com/
