Facing assault charges in Texas? The difference between a misdemeanor and a felony assault conviction can be the difference between a massive headache and a life-altering stint in prison. While both are serious, a felony carries much steeper consequences, including longer jail time, higher fines, and long-term effects on your rights and reputation.
Charges for both misdemeanor and felony assault in Texas range widely based on factors like the nature of the incident, whether a weapon was involved, the level of injury caused, and the relationship between the parties. If you’re being investigated or have already been charged, now is not the time to wait or try to handle things on your own.
Sellers Law Firm is here to help. Our Fort Worth criminal defense attorneys know how to examine the details of your case, uncover flaws in the prosecution’s evidence, and fight aggressively for the best possible outcome. Don’t risk your freedom — contact us today for a consultation.
Is assault a felony or misdemeanor in Texas?
In Texas, assault can be classified as either a misdemeanor or a felony depending on several key factors. The distinction often boils down to the severity of the act, the extent of the injury, whether a weapon was used, and who the victim was.
Misdemeanor assault in Texas
A misdemeanor assault typically involves less severe behavior, minor injuries, or behavior with less malicious intent. These charges might include:
- Threatening someone with imminent bodily harm without actually causing injury
- Causing minor bodily injury, typically seen in fights and heated arguments
- Touching someone in an offensive or provocative manner without their consent
For example, pushing someone during an argument or throwing a drink in someone’s face could result in a Class C or Class A misdemeanor simple assault, depending on the level of contact and harm caused.
Felony assault in Texas
An assault charge may be upgraded to a felony if any of the following apply:
- Serious bodily injury is caused (broken bones, deep wounds, hospitalization, etc.)
- A deadly weapon (knife, firearm, bat, etc.) is used or even just displayed, or if it involves strangulation of a family or household member
- The assault is committed against a public servant, security guard, emergency worker or a pregnant person
- The suspect has a history of family violence or previous assault convictions
For example, punching someone and breaking their nose could be charged as a felony, especially if the victim is a protected class or you have a history of violence.
The key takeaway: context and prior history matter. What starts as a misdemeanor can quickly escalate to a felony based on the details. That’s why legal representation is essential from day one.
How long do you go to jail for assault in Texas?
The penalties for assault in Texas vary widely depending on the classification of the charge. Below is a comparison table showing the potential jail time and fines associated with different grades of assault:
| Charge | Classification | Jail/Prison time | Fine |
| Assault by Threat | Class C Misdemeanor | None (fine only) | Up to $500 |
| Offensive Touching | Class C Misdemeanor | None (fine only) | Up to $500 |
| Causing Bodily Injury | Class A Misdemeanor | Up to 1 year in county jail | Up to $4,000 |
| Repeat Assault (Family) | 3rd Degree Felony | 2 – 10 years in prison | Up to $10,000 |
| Aggravated Assault with Deadly Weapon | 2nd Degree Felony | 2 – 20 years in prison | Up to $10,000 |
| Serious Bodily Injury | 2nd or 1st Degree Felony | 2 – 20 years in prison (2nd degree) or 5 – 99 years (1st degree) | Up to $10,000 |
Penalties based on repeat offenses
If you’ve already been convicted of a violent crime in Texas, the prosecution will be much more strict with your sentencing.
- First-time assault charge in Texas: May be eligible for probation or diversion, especially with no prior criminal record
- Second-time offenders: Courts are far less lenient, and even misdemeanors may result in jail time. And if both involved family or household members, the second is an automatic felony charge.
- Third-time (or more) offenders: Often face automatic felony charges, especially if the assaults involve family or household members
What are the penalties for family assault charges in Texas?
In Texas, family assault charges are taken extremely seriously and can carry enhanced penalties. These charges apply when the alleged victim is:
- A spouse or ex-spouse
- A dating partner
- A parent or child
- A roommate or household member
A basic assault charge involving family violence might begin as a Class A misdemeanor, but there are several aggravating factors that elevate it to a felony, including:
- Strangulation or suffocation
- Prior family violence convictions
- Violation of a protective order
Here’s how Texas generally penalizes domestic/family assault:
| Charge type | Level | Jail time | Fine |
| Simple Assault by Contact or Threat (no injury) | Class C Misdemeanor | None (fine only) | Up to $500 |
| Assault With Bodily Injury (1st offense) | Class A Misdemeanor | Up to 1 year in county jail | Up to $4,000 |
| Assault With Bodily Injury (repeat offense) | 3rd Degree Felony | 2 – 10 years in prison | Up to $10,000 |
| Assault With Strangulation or Choking | 3rd Degree Felony | 2 – 10 years in prison | Up to $10,000 |
| Assault + Violation of Protective Order | 3rd or 2nd Degree Felony | 2 – 20 years (if enhanced) | Up to $10,000 |
Unlike many other charges, family violence convictions are not eligible for expungement or sealing from your criminal record in most cases. They also carry collateral consequences, such as loss of gun rights and challenges in background checks, employment, and custody battles.
Can I get assault charges dropped?
It’s a common misconception that assault charges can simply be dropped if the victim decides not to press charges. In Texas, the state, not the victim, controls the prosecution. Only the district attorney has the power to drop a charge after it is filed.
While the victim’s cooperation (or lack thereof) can influence a case, you likely cannot get assault charges dismissed on your own. Even if the other person doesn’t want to press charges, the state may continue with the case, especially in family violence matters where mandatory arrest and prosecution policies are in place.
How to beat an assault charge in Texas?
The most effective way to beat an assault charge is to hire an experienced criminal defense attorney who knows the Texas legal system and how to challenge weak evidence or procedural mistakes.
Common defense strategies include:
- Self-defense: You had a legal right to protect yourself or another person from harm.
- Mutual combat: Both parties willingly engaged in a fight.
- Lack of intent: The action was accidental, not intentional or reckless.
- False allegations: The alleged victim fabricated the accusation.
- Insufficient evidence: No witnesses, video, or physical proof.
Assault cases often come down to he-said/she-said situations, where credibility is key. A skilled defense attorney can cross-examine witnesses, move to suppress illegally obtained evidence, and negotiate with prosecutors for reduced charges or even full dismissal.
Without legal help, you could face long-lasting consequences — criminal records, jail time, financial hardship, and damage to your reputation. The sooner you hire legal representation, the better your chances of minimizing the impact.
Don’t face assault charges alone — call Sellers Law Firm
Whether you’re charged with misdemeanor or felony assault in Texas, it can derail your life before you’re even convicted. From job opportunities and housing to family and freedom, what’s at stake is too important to leave to chance.
At Sellers Law Firm, we fight to protect your rights, your record, and your future. Whether you’re facing a Class C misdemeanor or a serious felony assault charge in Texas, we dig into the details, build a powerful defense, and challenge the prosecution every step of the way.
You don’t have to navigate the criminal justice system alone. Let us take on the legal burden so you can focus on moving forward. Call Sellers Law Firm today for a confidential consultation.
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