Felony assault charges in Texas carry severe penalties ranging from 2 years to life imprisonment, depending on the circumstances and degree of the offense. If you’re facing these serious criminal charges, understanding Texas assault laws and securing experienced legal representation can significantly impact your case outcome.
What Constitutes Assault in Texas
Under Texas Penal Code § 22.01, a person commits assault by various means, including assault by impeding breath or strangulation, which is charged as a third-degree felony under certain circumstances:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
Causing physical harm is a key element in an assault charge in Texas. - Threatening someone with imminent bodily injury
- Causing physical contact that the person knows or should reasonably know will be regarded as offensive or provocative
Bodily injury, which refers to physical harm, is a central factor in determining the severity of an assault charge in Texas.
While basic assault is typically charged as a misdemeanor charge—most often a class c misdemeanor—an assault charge in Texas can be elevated to a felony level with much harsher penalties if specific aggravating circumstances are present.
When Assault Becomes a Felony
Several aggravating factors can transform a misdemeanor assault into a felony assault charge. While felony assault charges in Texas are extremely serious and carry severe penalties, they are not considered a capital offense, which is reserved for the most severe crimes such as murder.
Aggravated Assault (Second Degree Felony)
- Causing serious bodily injury to another person
- Using or exhibiting a deadly weapon during the assault
- Penalties: 2-20 years in prison and up to $10,000 fine
Assault with Bodily Injury
Assault with bodily injury is a significant criminal offense in Texas, classified as a Class A misdemeanor. This charge arises when someone intentionally, knowingly, or recklessly causes bodily injury to another person, which can include any physical pain, illness, or impairment of physical condition. If convicted, the penalties can be severe—up to one year in jail and fines reaching $4,000. Because a conviction can have lasting effects on your record and future opportunities, it is crucial to have an experienced criminal defense attorney on your side. A skilled criminal defense attorney can evaluate the circumstances of your case, challenge the prosecution’s evidence, and work to reduce or dismiss the charges whenever possible.
Enhanced Assault Charges (Third Degree Felony)
- Assault against a family member with prior assault family violence conviction: Prior convictions for assault or other violent offenses can result in enhanced penalties and more severe felony charges. If you have prior convictions, especially for assault family violence, the law imposes stricter sentencing and may elevate the charge to a higher-level felony.
- Assault on a public servant, police officer, or emergency services personnel performing official duty
- Assault on security officer, hospital personnel, or emergency medical services personnel
- Penalties: 2-10 years in prison and up to $10,000 fine
First Degree Felony Assault
- Aggravated assault against family members under certain circumstances
- Assault causing serious bodily injury to public servants or emergency services
- Penalties: 5-99 years or life imprisonment and up to $10,000 fine
Sexual Assault
Sexual assault in Texas is treated as a grave criminal offense, carrying life-altering consequences. This crime involves non-consensual sexual contact or behavior and is typically prosecuted as a second degree felony. Penalties for sexual assault can include 2 to 20 years in prison and fines up to $10,000. When the offense involves serious bodily injury or the use of a deadly weapon, it is elevated to aggravated sexual assault—a first degree felony punishable by 5 to 99 years in prison and a $10,000 fine. Those convicted of sexual assault or aggravated sexual assault are often required to register as sex offenders, sometimes for life. Because of the complexity and severity of these cases, it is essential to seek legal representation from a criminal defense attorney experienced in assault in Texas, who can build a strong defense and protect your rights at every stage.
Understanding Assault Classifications
Misdemeanor Assault Charges
- Class C Misdemeanor: Threatening imminent bodily injury or offensive physical contact (fine up to $500)
- Class B Misdemeanor: Bodily injury to another person or sports participant in professional athletic competition (up to one year in jail, $2,000 fine)
- Class A Misdemeanor: Assault against elderly individual, hospital maintained facility staff, or causing bodily harm to family member (up to one year in jail, $4,000 fine)
Felony Assault Charges
When assault charges in texas involve deadly weapons, serious bodily injury, or protected victims, prosecutors typically pursue felony charges with substantial jail time and long-term consequences.
Protected Classes Under Texas Law
Texas law provides enhanced protection for specific individuals, making assault against them more likely to result in felony charges:
- Public servants and peace officer personnel
- Emergency services personnel and emergency medical services personnel
- Hospital personnel, physician assistants, and emergency room personnel
- Commissioned security officer and noncommissioned security officer registered staff
- Maintenance or janitorial staff at medical facilities
- Emergency worker and process server individuals
- Family members and person’s spouse
Assault on a Public Servant
Assaulting a public servant in Texas, such as a police officer, emergency medical services personnel, or security officer, is a serious crime that can result in felony charges. Depending on the circumstances, this offense may be prosecuted as a third degree felony or, if serious bodily injury or a deadly weapon is involved, as a second degree felony. Penalties for assault on a public servant can range from 2 to 10 years in prison and fines up to $10,000. The law provides enhanced protection for public servants performing their official duties, and prosecutors often pursue these cases aggressively. If you are facing such charges, it is vital to consult an experienced criminal defense attorney who understands the nuances of these cases and can develop a strong defense strategy to protect your future.
Defenses Against Assault Charges
An experienced criminal defense attorney can develop a strong defense strategy using various legal defenses:
Common Defenses
- Self defense against imminent threat
- Defense of others or property
- Lack of intent (not intentionally knowingly or recklessly acting)
- Insufficient evidence of bodily injury or serious bodily injury
- Procedural errors in investigation or arrest
Challenging the Prosecution’s Case
Your criminal defense attorney will examine evidence for:
- Witness credibility issues
- Medical evidence inconsistencies
- Procedural errors in police investigation
- Constitutional violations during arrest
Consequences Beyond Criminal Penalties
Assault convictions carry consequences extending far beyond prison time:
- Loss of firearm rights
- Employment difficulties affecting person’s employment
- Professional license suspension or revocation
- Immigration consequences for non-citizens
- Community supervision requirements
- Difficulty securing housing or loans
Individuals convicted of certain sexual assault offenses may also be required to register as a sex offender, which can have long-term impacts on housing, employment, and personal relationships.
Additional Punishments
The consequences of assault convictions in Texas extend far beyond jail time and fines. A conviction can damage your reputation, limit your employment and housing options, and result in the loss of your right to own firearms. In cases involving family violence, you may face additional restrictions, such as being barred from possessing firearms or ammunition in the future. Assault convictions can also affect child custody and visitation rights, making it even more important to fight the charges. An experienced criminal defense attorney can help you understand the full scope of potential additional punishments and work to minimize their impact by developing a strong defense strategy tailored to your situation.
Domestic Violence and Family Assault
Family violence cases receive special attention in Texas courts. Assault charges involving family members often include:
- Enhanced penalties for repeat offenses
- Protective orders
- Mandatory counseling programs
- Potential civil commitment facility evaluation for severe cases
Building Your Defense
When facing felony assault charge accusations, immediate action is crucial:
Protect Your Rights
- Exercise your right to remain silent
- Request an attorney before answering questions
- Avoid discussing your case on social media
- Document any injuries you sustained
Evidence Preservation
Your attorney will work to:
- Interview witnesses
- Collect surveillance footage
- Review medical records
- Challenge the prosecution’s case
Can Charges in Texas Be Dropped?
Assault charges in Texas can sometimes be dropped, but this outcome depends on several factors. If the prosecution determines there is not enough evidence to support the case, or if significant procedural errors occurred during the investigation or prosecution, the charges may be dismissed. In some situations, the alleged victim’s decision not to cooperate can also influence the prosecution’s decision. However, the final authority to drop assault charges in Texas rests with the prosecutor, not the victim. Having an experienced criminal defense attorney is essential in these situations. A skilled criminal defense attorney can challenge the prosecution’s case, identify weaknesses in the evidence, and advocate for the dismissal of charges whenever possible, ensuring your rights and interests are protected throughout the legal process.
Why Legal Representation Matters
An experienced criminal defense attorney familiar with assault cases in Texas can:
- Analyze evidence for weaknesses in prosecution’s case
- Negotiate with prosecutors for reduced charges
- Present compelling defense arguments
- Seek favorable outcome through plea negotiations or trial
Assault charges in texas are serious matters requiring immediate professional attention. The difference between a misdemeanor and felony charge can mean decades of your life and thousands of dollars in penalties.
Take Action Today
If you’re facing assault charges, contact our office for a free consultation. Our criminal defense attorney team has extensive experience defending clients against all types of assault offenses, from simple assault to aggravated assault charges.
Don’t let an assault conviction define your future. With proper legal representation and a strong defense, you can fight these charges and protect your rights under Texas law.
Time is critical in assault cases. Contact us immediately to begin building your defense and working toward the best possible outcome for your situation.