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Texas Assault Defense FAQs

What is the difference between simple assault and aggravated assault in Texas?

Texas Penal Code § 22.01 defines three forms of assault: intentionally, knowingly, or recklessly causing bodily injury; intentionally or knowingly threatening imminent bodily injury; or intentionally or knowingly making physical contact while knowing or having reason to believe the other person will regard it as offensive or provocative. Aggravated assault requires an assault under § 22.01 plus either serious bodily injury or use or exhibition of a deadly weapon during the assault. It is ordinarily a second-degree felony, with first-degree exceptions under § 22.02(b). A weapon-threat case can qualify without a physical injury; merely possessing a weapon is not the same as using or exhibiting it during an assault.

Is assault a felony in Texas?

Not always. Bodily-injury assault is generally Class A; threat and offensive-contact assault are generally Class C, subject to statutory exceptions. Qualifying family-violence priors or impeding breathing or circulation can create felony charges. Bodily-injury assault against a known public servant on duty or in qualifying retaliation is generally third degree; the peace-officer or judge route is second degree. Aggravated assault is a felony. The charging facts, not the label alone, determine the degree.

Can assault charges be dropped if the alleged victim does not want to press charges?

Not automatically. The alleged victim cannot dismiss a criminal case. The prosecutor decides whether to seek dismissal, and the court must approve the State’s dismissal. A recantation or affidavit of non-prosecution may matter, but it does not control the outcome. Whether a recording or prior statement can be used depends on the evidence rules and the circumstances.

What is "Assault Causes Bodily Injury – Family Member" (ACBIFM)?

Assault involving a family, household, or dating relationship is not automatically a felony. Bodily-injury assault under § 22.01(a)(1) is generally a Class A misdemeanor. A qualifying prior offense or intentionally, knowingly, or recklessly impeding breathing or blood circulation by pressure to the throat or neck or blocking the nose or mouth can make it a third-degree felony. A qualifying prior plus the impeding conduct can make it second degree under § 22.01(b-3). Deferred adjudication can count as a prior under § 22.01(f); a prior arrest alone is not enough. Firearm restrictions require a separate review of the conviction, relationship, and any orders.

Can I claim self-defense in a Texas assault case?

Self-defense may apply when and to the degree you reasonably believe force is immediately necessary against another person’s use or attempted use of unlawful force. Deadly force has additional requirements under § 9.32. No-retreat rules and presumptions have their own conditions; they are not automatic permission to use force. If the evidence raises self-defense and it is submitted to the jury, reasonable doubt on that defense requires acquittal. You do not have to prove your innocence.

How long does an assault charge stay on my record?

An assault record does not disappear just because time passes or a case is dismissed. An acquittal or dismissal may support expunction under Chapter 55A, but eligibility depends on the particular statutory route and case history. Deferred adjudication is not automatic record erasure. Family-violence offenses are excluded from ordinary nondisclosure relief under Government Code § 411.074; any exceptional statutory route needs separate review.

Will I go to jail for an assault charge in Texas?

It depends on the charge. Assault by threat or offensive contact is usually a Class C misdemeanor, which is a fine of up to $500 and no jail. Assault that causes bodily injury is usually a Class A misdemeanor, with up to one year in jail and a fine of up to $4,000. Assault becomes a felony in certain situations, such as when the person hurt is a public servant on duty, or in some family-violence cases involving a prior conviction or impeding someone’s breathing. A third-degree felony carries 2 to 10 years in prison and a second-degree felony 2 to 20 years. Aggravated assault, which involves serious bodily injury or a deadly weapon, is a separate and more serious charge. It is a second-degree felony, or a first-degree felony (5 to 99 years or life) in some cases. Probation, called community supervision, is possible in some cases but not all. A judge cannot grant it if the sentence is more than 10 years, or if a deadly weapon was used or exhibited in a felony. The facts of the allegation, any prior record, and any family-violence claim affect what a court can do.

What are the chances my assault case gets dismissed or reduced?

No honest lawyer can give you a percentage. The outcome depends on the evidence, the witnesses, and the prosecutor’s decisions. Only the prosecutor can ask to dismiss a case, and the judge must agree. A case may be dismissed or reduced when the evidence is not enough to prove the charge, or through negotiation. A complaining witness who no longer wants to go forward does not end the case by themselves. A lawyer can review video, medical records, 911 calls and witness statements to understand your options. No result can be promised.

An assault charge in Texas can be life-changing. Even a misdemeanor arrest can affect your career, family life, and reputation. A felony conviction could mean years in prison, hefty fines, and a permanent criminal record. At The Napier Law Firm, we recognize the stakes are high. Attorneys George Napier and Monica Cooper Napier have extensive experience defending individuals against misdemeanor and felony assault charges in Harris County, Montgomery County, Fort Bend County, Galveston County, and throughout Greater Houston. We know how local prosecutors build cases and how to counter their tactics with a strong, evidence-based defense.

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What Counts as Assault Under Texas Law?

Texas law casts a wide net when it comes to assault charges. Under Texas Penal Code §22.01 (see official statute: https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm), a person commits assault if they:

  • Intentionally, knowingly, or recklessly cause bodily injury to another person, including a spouse
  • Intentionally or knowingly threaten another person with imminent bodily injury, including a spouse
  • Intentionally or knowingly cause physical contact while knowing or having reason to believe the other person will regard the contact as offensive or provocative

Because the law is so broad, assault can range from a heated argument that turns physical to a serious act involving a weapon. Under the Texas Penal Code, bodily injury means physical pain, illness, or any impairment of physical condition, so prosecutors do not always need a serious injury to file a charge. The type of assault charge you face still depends heavily on the details of the incident, which is why an early, careful review of the evidence matters.

Types of Assault Charges in Texas

Texas recognizes several categories of assault, each carrying different penalties and consequences:

Simple Assault

Generally involves minor injuries, threats, or unwanted contact. Usually a misdemeanor but can still carry jail time and fines.

Assault Family Violence

A family or dating relationship does not automatically make assault a felony. The alleged conduct and qualifying prior records matter. Read about our defense of criminal family-violence cases.

Aggravated Assault

Aggravated assault requires an assault under § 22.01 plus either serious bodily injury or use or exhibition of a deadly weapon during the assault. It is ordinarily a second-degree felony, with first-degree exceptions under § 22.02(b). A weapon-threat case can qualify without a physical injury; merely possessing a weapon is not the same as using or exhibiting it during an assault.

Assault on a Public Servant

Bodily-injury assault against someone known to be a public servant who is lawfully performing an official duty, or in qualifying retaliation, is generally a third-degree felony. The corresponding peace-officer or judge offense is second degree. A threat alone does not satisfy the bodily-injury route.

Continuous Family Violence

Continuous violence against the family under § 25.11 requires two or more qualifying bodily-injury assaults within 12 months or less against a person or persons in a covered relationship. Multiple arrests or arguments alone do not establish the offense.

Sexual Assault

Though distinct from physical assault, it carries some of the harshest penalties in Texas, including mandatory sex offender registration.

Penalties for Assault in Texas

These are ordinary punishment ranges before any applicable enhancement. Charge level depends on the statutory elements, qualifying relationships and prior records. The ranges are not predictions of a sentence.

Class C Misdemeanor

Up to a $500 fine, no jail (typically threats or offensive contact).

Class B Misdemeanor

Up to 180 days in jail, a fine up to $2,000, or both. Section 22.01(c)(2) covers certain threat/contact assaults by a nonparticipant against a known sports participant performing duties, or in retaliation for those duties.

Class A Misdemeanor

Up to 1 year in county jail and $4,000 fine (common for causing minor bodily injury).

Third-Degree Felony

2–10 years in prison and a fine up to $10,000. Examples include qualifying family-bodily-injury enhancements and certain public-servant assaults; peace-officer and judge cases have a separate second-degree route.

Second-Degree Felony

 2 to 20 years in prison and up to $10,000 fine (aggravated assault with a deadly weapon or causing serious injury).

First-Degree Felony

5 to 99 years or life in prison and up to $10,000 fine (the most serious aggravated assault charges).

In addition to these criminal penalties, a conviction may affect employment opportunities, child custody cases, and immigration status. It can also permanently tarnish your reputation in the community. In some cases, an experienced lawyer may also pursue an expunction or nondisclosure if eligible (see: https://www.thenapierlawfirm.com/conroe/expunctions/).

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Defense Strategies Against Assault Charges

Every assault case is unique, and the right defense depends on the facts. At The Napier Law Firm, we tailor our approach to maximize your chances of success. Common defenses include:

  • Self-defense: Self-defense may apply when and to the degree you reasonably believe force is immediately necessary against another person’s use or attempted use of unlawful force. Deadly force has additional requirements under § 9.32. No-retreat rules and presumptions have their own conditions; they are not automatic permission to use force. If the evidence raises self-defense and it is submitted to the jury, reasonable doubt on that defense requires acquittal. You do not have to prove your innocence.
  • Defense of others: § 9.33 requires justified force under the circumstances as reasonably believed and a reasonable belief that intervention is immediately necessary.
  • Defense of property: §§ 9.41–9.42 impose distinct requirements for force and deadly force. Property interference alone does not justify deadly force.
  • Accident or lack of the required mental state: The State must prove the mental state required for the charged form of assault. Bodily-injury assault can be intentional, knowing, or reckless, so lack of an intent to injure does not by itself defeat that charge. Evidence of an accident matters if it leaves the State unable to prove the required mental state beyond a reasonable doubt.
  • Consent: Consent is a limited defense under Penal Code § 22.06, not a blanket exception for mutual fights. The statute addresses effective consent or a reasonable belief in consent and requires either conduct that did not threaten or inflict serious bodily injury or one of its specified recognized-risk settings. Other statutory exclusions can still apply.
  • Alibi – Providing evidence that you were not at the scene when the alleged assault occurred.
  • False Allegations – Exposing inconsistencies or motives behind false accusations.
  • Insufficient Evidence – Showing the prosecution cannot meet the burden of proof beyond a reasonable doubt.
  • Constitutional Violations – Challenging illegally obtained evidence or improper police procedures.

The defense can examine witness accounts, recordings, medical evidence and any need for expert analysis. Diversion or deferred adjudication may be options only if the charge, history, local program rules and required approvals allow them. Neither is an automatic dismissal or a promise of record relief.

Why Hire The Napier Law Firm?

Assault cases move quickly in Texas courts, and having an experienced defense attorney early on can make all the difference. Here’s why clients choose The Napier Law Firm:

  • Deep Local Knowledge – We know the prosecutors, judges, and procedures in Harris County, Montgomery County, Fort Bend County, Galveston County, and the greater Houston area.
  • Personalized Defense – No cookie-cutter strategies. We build defenses around your unique case.
  • Aggressive Advocacy – We are prepared to negotiate firmly or take your case to trial if needed.
  • Proven Track Record – Successful results including case dismissals, reduced charges, and not guilty verdicts.
  • Client Commitment – We keep you informed at every step and make sure you understand your options.

Take Action Today

The consequences of an assault conviction can follow you for the rest of your life. Don’t wait until it’s too late. Call The Napier Law Firm today to schedule a free, confidential consultation with George Napier or Monica Cooper Napier. We’ll review the details of your case, explain your legal options, and immediately begin working on your defense.

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