Simple Assault in Texas

Simple assault in Texas typically carries misdemeanor penalties, but the offense can easily elevate to a felony. A person convicted of simple assault could face jail or prison time and hefty fines and fees. Read on to learn how Texas defines and punishes simple assault offenses.

What Is Simple Assault in Texas?

A person commits simple assault in Texas by:

• intentionally, knowingly, or recklessly causing, or threatening to cause, bodily injury to another person, or
• intentionally or knowingly engaging in provocative or offensive physical contact with another.

Let's break down some of these terms.

Bodily Injury

"Bodily injury" means physical pain, illness, or any impairment of physical condition. Simple assault generally involves minor bodily injuries, like a cut, scrape, or bruise. An injury, such as a broken bone or one that requires surgery or hospitalization, amounts to "serious bodily injury," which is considered an aggravated assault.

Intentional, Knowing, or Reckless

Defendants act "intentionally" when they consciously desire the resulting harm. Punching someone in the face is an intentional act.

People act knowingly when they're aware of the nature or consequences of their conduct. A person who violently pushes someone into a wall has acted knowingly whether that push results in the victim getting a black eye, bruises to an arm, or a cut from a random nail.

A reckless act is one that is committed, not necessarily with intent to harm another, but without regard for the outcome. For example, pushing someone out of the way in a crowd so that you can get through, without intending to injure the person, could be an assault if the person falls and is injured.

Provocative or Offensive Contact

Assault by provocative or offensive contact refers to an act that does not cause physical injury or pain but is upsetting or causes the victim to feel violated. This type of assault can include poking someone in the chest during an argument, "getting in someone's space," or brushing up against a person in a sexually suggestive manner.

(Tex. Penal Code §§ 1.07, 6.03, 22.01 (2024).)

What Are the Penalties for Simple Assault in Texas?

Penalties for assault can result in a misdemeanor or felony conviction. The penalty will depend on whether harm was inflicted, who the victim was, and the defendant's criminal history. For either penalty level, a person can face time behind bars or on probation, fines, and restitution payments.

Misdemeanor Penalties for Simple Assault

A misdemeanor conviction for simple assault can carry class A, B, or C misdemeanor penalties.

• Class A misdemeanors carry up to one year of jail time and a $4,000 fine.
• Class B misdemeanors carry up to 180 days in jail and a $2,000 fine.
• Class C misdemeanors are punishable by up to a $500 fine (no jail time).

Offensive contact or threats. Simple assault involving offensive contact or threats of physical harm is normally a Class C misdemeanor but increases to a Class A misdemeanor if the victim is elderly or disabled. The offense is a Class B misdemeanor if the offender assaults a sports official or participant during the event or in retaliation for their role.

Bodily harm. Assault resulting in bodily injury to the victim is a Class A misdemeanor, except as noted below in the next section on "Felony Penalties."

Felony Penalties for Simple Assault

The penalty for assault resulting in bodily injury increases from a Class A misdemeanor to a third-degree felony if the offender knows the victim is working in their capacity as:

• a public servant
• a security officer
• emergency services personnel (such as a firefighter or EMT)
• hospital personnel
• process server, or
• employee or contractor at a government correctional facility, secure treatment or rehabilitation facility, or civil commitment facility.

A person also commits a third-degree felony by causing bodily injury to a pregnant victim, committing repeat acts of family violence or domestic assault, or trying to strangle or suffocate a family or household member. A person convicted of a third-degree felony can be sentenced to 2 to 10 years in prison and a fine of up to $10,000.

Second-degree felony penalties apply when a person assaults and causes injury to a police officer or judge in response to their official duties. Strangulation and suffocation offenses committed against a family or household member also increase to a second-degree felony if the person has a prior family violence conviction. A second-degree felony carries 2 to 20 years in prison.

Restitution to Victims

As part of a misdemeanor or felony conviction, judges can order a defendant to compensate the victim by paying restitution. Restitution involves reimbursing the victim for any expenses resulting from the crime, such as the cost of medical treatment, counseling, or repairs to damaged property.

(Tex. Penal Code §§ 12.21, 12.22, 12.23, 12.34, 22.01 (2024).)

Defenses to Simple Assault Charges in Texas

A person facing simple assault charges can fight the charges in several ways, including by poking holes in the prosecution's case or by raising an affirmative defense.

Self-defense. A defendant might claim self-defense or defense of others if the alleged victim started the altercation or was about to. To be successful, the defendant can only use as much force as is reasonably necessary to prevent the threatened injuries. (Tex. Penal Code §§ 9.31, 9.33 (2024).)

Reasonable doubt. The defense might also try to poke holes in the prosecution's case by arguing the prosecution failed to prove the required intent, harm, or victim status. In this case, the defense might be able to get the charges dismissed or reduced.

The Value of Good Representation

An assault conviction becomes part of your permanent criminal record. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. A conviction for a violent crime—even a misdemeanor—can hurt your future chances of getting a job or obtaining housing. An experienced criminal defense attorney can determine whether you have any grounds for dismissal of the charges against you, explore plea options, or represent you at trial.