February 16, 2024
Assault charges in Texas can range from mild to very severe, depending on the particulars of the case. Regardless of the level of assault charges you’re facing, it’s essential to understand the nature of the charges and possible penalties. In this blog post we’ll examine the different types of assault charges in TX, including simple assault, aggravated assault, deadly conduct, and domestic violence assault.
If you’re currently being charged with this offense, it’s recommended that you work with a skilled and experienced attorney for assault charges as soon as possible. Contact us at The Napier Law Firm today to schedule your free initial consultation with an attorney you can trust.
Continue reading to learn the ins and outs of criminal assault offenses, your options if charged, and how an attorney can help you secure the best possible outcome in your case.
Severity and Penalties of Different Assault Charges
Simple Assault
Simple assaults aren’t always as “simple” as the name suggests as they encompass a wide range of potential offenses from minor confrontations to serious physical fights. However, in comparison to other types of assault charges in Texas, it is the most basic charge.
Generally, this crime involves causing bodily injury to another person, threatening them with imminent bodily injury, or making physical contact in a way that the victim considers offensive or provocative (a key reason why it’s essential to hire an attorney). Depending on the circumstances of the case, a simple assault can be charged as a misdemeanor or felony (if aggravating factors exist).
Levels and Penalties:
Although it’s the lowest level of assault, it can still have serious consequences – That’s especially true if it involves a public servant, a family member, or if it’s a repeat offense. However, in most cases, simple assault is categorized as a misdemeanor.
- Class C Misdemeanor: This level typically involves threats or provocative contact without physical harm. A fine of up to $500 can be imposed.
- Class B Misdemeanor: An elevated level of simple assault, often involving physical contact during sports activities. Penalties include a fine up to $2,000 and/or up to 180 days in jail.
- Class A Misdemeanor: This level is applicable when there’s physical contact causing pain or minor injury. Penalties can include a fine up to $4,000 and/or jail time up to one year.
Aggravated Assault
As the name suggests, aggravated assault in Texas is viewed as a much more severe crime due to the occurrence of serious bodily injury or the use of a deadly weapon (i.e., assault with a deadly weapon). This type of assault is usually charged as a felony in Texas, carrying with it more severe penalties than simple assault.
Levels and Penalties:
As a felony, aggravated assault can lead to very significant jail time, hefty fines, and long-term consequences for you and your family, including difficulties in finding gainful employment.
- Second-Degree Felony: 2 to 20 years in prison and a fine up to $10,000.
- First-Degree Felony: 5 to 99 years or life in prison and a fine up to $10,000.
It’s important to note that aggravated assaults against public servants, family members, or domestic situations are typically considered First Degree felonies in Texas.
Assault with Deadly Conduct
Deadly conduct in Texas refers to reckless actions endangering others, particularly involving firearms or other deadly weapons. This can include actions like discharging a firearm in the direction of a person or a vehicle. Deadly conduct can be charged as a misdemeanor or a felony, depending on the circumstances.
Levels and Penalties:
Depending on whether it’s charged as a misdemeanor or felony, deadly conduct can result in varying levels of fines and jail time.
- Class A Misdemeanor: Covers actions that recklessly endanger others, with penalties including up to one year in jail and a $4,000 fine.
- Third-Degree Felony: Involving firearm discharge, it carries a penalty of 2 to 10 years in prison and a fine up to $10,000.
Domestic Violence Assault
Generally, domestic violence assaults happen between people in a domestic relationship (i.e., spouses, partners, or family members). Much like the rest of the nation, Texas takes domestic violence assaults incredibly seriously due to the nature of the crime.
These charges and associated consequences can vary based on factors like the nature of the injuries, history of past incidents, and whether a protective order was already in place.
Levels and Penalties:
Charges for domestic violence assaults can have far-reaching consequences, including restraining orders, loss of custody rights, and long-term criminal records.
- Charges can range from a Class C misdemeanor to a first-degree felony. Severe cases, especially those involving repeat offenses or grave injuries, can lead to significant prison time and fines.
Contact an Experienced Attorney For Assault Charges in Houston
If you’re up against assault charges, you’ll need a clear understanding of the implications of a conviction and a criminal defense attorney who’s ready to go to bat for you. The legal and societal implications of these charges are way too severe to gamble with.
The good news is that the assault attorneys in Houston at The Napier Law Firm are here to walk you through your case step-by-step, mount an aggressive defense, and fight for the absolute best outcome in your case.
Contact us today to schedule your free initial consultation.
FAQ – Assault Charges in Texas
What is the Lowest Form of Assault Charge?
Generally, a Class C misdemeanor is the lowest form of assault charge in TX. This charge is typically reserved for simple assaults that do involve some type of offensive or provocative physical contact that didn’t result in bodily injury.
What is the Minimum Sentence for Assault in Texas?
The minimum sentence coincides with the minimum charge for assault in Texas. That said, those convicted of a Class C misdemeanor simple assault can be fined up to $500 but usually won’t go to jail. However, more serious assaults and those with a previous history of assault can expect more severe consequences.
What is the Most Common Assault Charge?
Believe it or not, most Texans are peaceful people. With that in mind, the most common assault charge in Texas is usually simple assault. That’s primarily because it covers a wide range of behaviors, from threats of harm to actual unwanted physical contact perpetrated against another person.
What’s Considered Verbal Assault in Texas?
In Texas, verbal assaults (i.e., assault by threat), involves verbally threatening someone with imminent bodily injury. This type of offense can be charged as a misdemeanor. However, whether or not charges are brought largely depends on the unique circumstances of the case and the perceived seriousness of the threat.
How Long Does an Assault Charge Stay on Your Record in Texas?
Every situation is different. In most cases, an assault charge stays on your criminal record indefinitely. However, if the case was dropped, dismissed, you received deferred adjudication, or were acquitted, you’ll likely be able to seal or expunge your record. Contact The Napier Law Firm today to learn how.