Denton County Assault by Contact Lawyer | Free Consultation

Assault by contact is a Class C misdemeanor in Texas, but don’t let the classification fool you. This charge can leave you with a permanent criminal record, affect your employment, and cost you hundreds in fines. Whether you’re accused of intentionally touching someone in an offensive manner or the altercation was misunderstood, you’re facing consequences that can follow you for years.

At Varghese Summersett, our Denton County criminal defense attorneys have successfully defended clients against assault by contact charges throughout Texas. We understand the stress of facing criminal charges, and we know how to protect your rights.

What Is Assault by Contact Under Texas Law?

Under Texas Penal Code § 22.01(a)(3), assault by contact occurs when a person intentionally or knowingly causes physical contact with another person when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

This is the lowest level of assault in Texas. Unlike assault causing bodily injury, assault by contact doesn’t require any injury or even pain. The prosecution must only prove that you made physical contact that the other person found offensive.

Common Examples of Assault by Contact

Prosecutors charge assault by contact in situations where no injury occurred but someone claims they were touched in an unwelcome way. Common scenarios include:

Pushing someone during an argument. Grabbing someone’s arm to get their attention. Poking or shoving someone in a crowded space. Spitting on someone. Throwing an object that makes contact with someone. Unwanted touching during a domestic dispute.

The key factor is whether the contact was offensive or provocative, not whether it caused harm. This subjective standard makes these cases particularly defensible.

Is Assault by Contact a Family Violence Offense?

If the alleged victim is a family member, household member, or someone you’re dating, the charge becomes assault by contact with a family violence designation. Under Texas Family Code § 71.004, family violence includes acts against family members, household members, or dating partners.

The family violence designation carries additional consequences. You could face a protective order prohibiting you from your own home. You may be prohibited from possessing firearms. Future charges involving family members will be charged as felonies, even if no injury occurs.

In Denton County, prosecutors take family violence cases seriously. Even a Class C misdemeanor with this designation can affect your ability to see your children, maintain employment in certain fields, and own firearms.

Penalties for Assault by Contact in Denton County

Assault by contact is a Class C misdemeanor in Texas. The maximum penalty is a fine of up to $500. Unlike most criminal charges, Class C misdemeanors don’t carry jail time.

However, the consequences extend beyond the fine. A conviction creates a permanent criminal record. This record appears on background checks and can affect employment opportunities, professional licenses, and housing applications.

If you have a previous conviction for assault against a family member, a second assault by contact charge against a family member becomes a Class A misdemeanor. This elevation carries up to one year in jail and a fine of up to $4,000.

Collateral Consequences You Should Know

The real impact of an assault by contact conviction often comes from consequences the court doesn’t directly impose. Employment in healthcare, education, or positions working with vulnerable populations may become difficult or impossible. Professional licenses may be denied or revoked. Immigration status can be affected for non-citizens. Child custody determinations may be influenced by the conviction.

Many people think a Class C misdemeanor isn’t worth fighting. They’re wrong. The long-term effects can be substantial.

What to Expect About Bond in Assault by Contact Cases

Class C misdemeanors typically don’t involve arrest or bond. In most assault by contact cases, you’ll receive a citation requiring you to appear in court on a specific date.

However, if the charge includes a family violence designation or if you’re arrested for other charges, bond may be set. In nearby Tarrant County, our analysis of bond data shows that assault cases without bodily injury typically see bonds set around $500 to $1,000 when bond is required at all.

If you’re arrested in Denton County, you’ll be taken to the Denton County Jail on North Loop 288 in Denton. The magistrate will likely release you on your own recognizance or set a minimal bond for a Class C misdemeanor.

The more significant concern with assault by contact involving family violence is the protective order. Even before your case is resolved, the court may issue an emergency protective order prohibiting contact with the alleged victim. This order can remove you from your home immediately.

Common Defenses Against Assault by Contact Charges

Many assault by contact cases are defensible. The prosecution must prove beyond a reasonable doubt that you intentionally or knowingly made contact that you knew or should have known would be offensive. That’s a subjective standard that opens multiple defense strategies.

Self-Defense

Texas law allows you to use force to protect yourself from someone else’s use or attempted use of unlawful force. If you made contact while defending yourself from the other person’s aggression, you may have a complete defense to the charge.

The key is whether your response was reasonable under the circumstances. If someone shoved you first and you pushed back, self-defense may apply. If someone swung at you and you grabbed their arm, you were defending yourself.

Defense of Others

Similar to self-defense, you can use reasonable force to protect a third person from unlawful force. If you intervened in a situation where someone else was being attacked or threatened, your actions may be justified.

This defense often arises in situations involving children. Parents who physically intervene when their child is in danger may find themselves charged with assault by contact against the person threatening the child.

Accidental Contact

The statute requires that the contact be intentional or knowing. If the contact was purely accidental, you haven’t committed assault by contact. This defense is particularly relevant in crowded environments, busy parking lots, or situations where multiple people are moving in close proximity.

The challenge is proving the contact was truly accidental rather than reckless. Video evidence, witness testimony, and the circumstances surrounding the incident become critical.

The Contact Wasn’t Offensive or Provocative

Not all unwanted touching rises to the level of assault by contact. The prosecution must prove the contact was offensive or provocative. A tap on the shoulder, even if unwelcome, likely doesn’t meet this standard. Brief contact while walking through a crowd typically doesn’t qualify.

The reasonableness standard matters here. Would a reasonable person find the contact offensive? This defense works particularly well when the alleged victim’s reaction seems disproportionate to the actual contact.

False Allegations

Unfortunately, assault by contact charges are sometimes fabricated. Domestic disputes, child custody battles, and personal conflicts can motivate false accusations. If the alleged victim has a motive to lie, if their story has changed over time, or if physical evidence contradicts their claims, we can challenge the credibility of the accusation.

Our team has successfully defended numerous clients where the evidence revealed the allegations were simply untrue. Inconsistencies in the alleged victim’s statements, contradictory witness testimony, and timeline problems often expose false claims.

Real Results: How We’ve Defended Assault by Contact Cases

In Fort Worth Municipal Court, our attorney Alex Thornton represented a client facing assault by contact charges with a family violence designation. Despite the prosecutor’s initial refusal to dismiss, we presented evidence showing the alleged victim had initiated the contact and our client had acted in self-defense. The case was dismissed, and the client avoided a conviction that would have affected his custody case.

In another case, attorney Christy Jack represented a client charged with assault by contact in a situation where multiple witnesses gave conflicting accounts. We identified inconsistencies in the alleged victim’s story and presented testimony from neutral witnesses who contradicted the prosecution’s theory. The judge dismissed the case before trial.

These outcomes represent the kind of results our team achieves regularly, but past results don’t guarantee future outcomes. Every case depends on its specific facts, evidence, and circumstances.

The Criminal Court Process for Assault by Contact in Denton County

Understanding what happens after you’re charged helps reduce anxiety about the process. Here’s what to expect in a Denton County assault by contact case.

Citation or Arrest

Most assault by contact cases begin with a citation. The officer issues you a ticket requiring you to appear in court on a specific date. If you’re arrested, you’ll be taken to Denton County Jail, where you’ll be processed and released on bond or your own recognizance.

Initial Appearance

Your first court date is the initial appearance. At this hearing, the judge informs you of the charges and your rights. If you haven’t already hired an attorney, this is when you should. Don’t try to resolve the case at this appearance without legal representation.

The prosecutor may offer a plea deal at or before this hearing. Don’t accept any offer without consulting an attorney first. Many prosecutors start with their worst offer, expecting negotiation.

Pre-Trial Negotiations

This is when your attorney investigates the case, gathers evidence, and negotiates with the prosecutor. We file motions to suppress illegally obtained evidence, challenge witness credibility, and push for dismissal based on constitutional violations or lack of evidence.

Many assault by contact cases resolve during this phase. Prosecutors may dismiss charges when faced with strong defenses, agree to deferred disposition (which keeps the conviction off your record), or reduce the charges.

Trial

If we can’t reach an acceptable resolution, the case goes to trial. In Class C misdemeanor cases, trials are typically bench trials before a judge rather than jury trials. The prosecutor must prove every element of the offense beyond a reasonable doubt.

At trial, we present your defense, cross-examine the state’s witnesses, and challenge the prosecution’s evidence. The judge then decides whether the state has met its burden of proof.

If you want to discuss your options and understand how we can help, schedule a free consultation with our team.

Why False Accusations Are Common in Assault by Contact Cases

Assault by contact is one of the most frequently fabricated charges in the criminal justice system. The lack of physical injury requirement, the subjective nature of “offensive” contact, and the absence of independent evidence in many cases create opportunities for false accusations.

In domestic situations, one party may call police to gain leverage in a custody dispute or to force the other person out of a shared home. The person who calls 911 first often becomes the “victim” in the eyes of law enforcement, regardless of who actually initiated the contact.

In public confrontations, someone who loses an argument or feels embarrassed may retaliate by claiming they were assaulted. Parking lot disputes, bar disagreements, and neighborhood conflicts frequently result in competing assault by contact claims.

Defending against false accusations requires a thorough investigation. We interview witnesses, obtain surveillance video, review 911 recordings, and examine the alleged victim’s history of making similar claims. Phone records, text messages, and social media posts often reveal the true nature of the relationship and the motive for the accusation.

What Happens If You’re Convicted of Assault by Contact

A conviction for assault by contact results in a fine of up to $500 and a permanent criminal record. The court may also order you to complete an anger management class, pay court costs, and comply with other conditions.

If the charge involves family violence, you’ll be prohibited from possessing firearms under federal law. This prohibition applies even to Class C misdemeanor convictions. The court will likely issue a protective order requiring you to stay away from the alleged victim.

The criminal record is often more damaging than the fine. Unlike many states, Texas doesn’t automatically seal or expunge Class C misdemeanor convictions. The conviction remains on your record indefinitely unless you take specific legal action to remove it.

Employment Consequences

Many employers conduct background checks before hiring. An assault conviction, even a Class C misdemeanor, may disqualify you from positions involving vulnerable populations, security clearances, or positions of trust. Healthcare workers, teachers, daycare employees, and security personnel often face license denial or revocation.

Professional licensing boards view assault convictions as evidence of moral character issues. Attorneys, nurses, doctors, and other licensed professionals may face disciplinary action even for Class C misdemeanor convictions.

Housing and Credit Impacts

Landlords increasingly use background checks to screen tenants. An assault conviction may result in rental application denials, particularly for properties with zero-tolerance policies on violent offenses. Even assault by contact, despite the absence of injury, is categorized as a crime of violence.

Some lenders consider criminal history when evaluating loan applications. While a Class C misdemeanor typically won’t affect credit scores directly, it may influence lending decisions for mortgages, auto loans, or business financing.

How Long Does an Assault by Contact Case Take?

The timeline varies depending on several factors. Simple cases with strong defenses may resolve in two to three months through dismissal or favorable plea agreements. Cases involving family violence, conflicting witness statements, or prosecutor resistance may take six months to a year.

Cases that go to trial typically take longer. Denton County courts handle significant caseloads, and getting a trial date may take several months after we announce ready for trial. However, most assault by contact cases resolve before trial through dismissal, deferred disposition, or negotiated plea.

The key is hiring an attorney early. The sooner we begin investigating and negotiating, the faster we can resolve your case favorably.

What to Expect From Varghese Summersett

When you hire our team to defend your assault by contact case in Denton County, you get more than just legal representation. You get a team of experienced lawyers who have handled hundreds of assault cases throughout Texas.

Our approach begins with a thorough investigation. We interview witnesses, obtain police reports and body camera footage, and identify all available evidence. We look for inconsistencies in the alleged victim’s statement, constitutional violations by law enforcement, and evidence supporting your defense.

We then develop a defense strategy tailored to your specific case. Whether that means negotiating with prosecutors for dismissal, preparing for trial, or pursuing alternative resolutions like deferred disposition, we build your defense around achieving the best possible outcome.

Throughout the process, we keep you informed. You’ll understand what’s happening at each stage, what options are available, and what we recommend. We answer your questions and address your concerns promptly.

With offices in Fort Worth, Dallas, Houston, and Southlake, our team includes more than 70 legal professionals. We’ve achieved over 1,600 dismissals and 800 charge reductions. While past results don’t guarantee future outcomes, our experience and track record speak to our commitment to defending our clients aggressively.

Frequently Asked Questions

Can assault by contact charges be dismissed?

Yes. We’ve successfully obtained dismissals in numerous assault by contact cases. Dismissals occur when the prosecution lacks sufficient evidence, when we identify constitutional violations, when the alleged victim recants or refuses to cooperate, or when we present strong evidence supporting self-defense or another defense. Each case depends on its specific facts and evidence.

Will I go to jail for assault by contact?

No. Assault by contact is a Class C misdemeanor, which carries no jail time. The maximum penalty is a fine of up to $500. However, if you have a previous conviction for assault against a family member and you’re charged with another assault by contact against a family member, the charge elevates to a Class A misdemeanor, which carries up to one year in jail.

How much does it cost to hire a lawyer for assault by contact?

Legal fees vary based on the complexity of your case, whether the charge involves family violence, and whether the case goes to trial. During your free consultation, we’ll review your situation and provide clear information about our fees. Many clients find that investing in experienced legal representation saves them money in the long run by avoiding convictions, protecting their employment, and preventing future legal problems.

Can I lose my job over an assault by contact charge?

Possibly. Many employers have policies requiring immediate termination upon arrest for violent offenses. Some professional licenses are at risk even from Class C misdemeanor assault convictions. Teachers, healthcare workers, and others working with vulnerable populations face particular risk. The best way to protect your job is to fight the charge aggressively and avoid a conviction.

What’s the difference between assault by contact and assault causing bodily injury?

Assault by contact is a Class C misdemeanor involving offensive or provocative touching without injury. Assault causing bodily injury is a Class A misdemeanor involving contact that causes pain or physical injury. The key distinction is injury. If the alleged victim claims any injury, no matter how minor, prosecutors typically charge assault causing bodily injury rather than assault by contact. This makes the charge more serious and the potential penalties much greater.

Protect Your Rights and Your Record

An assault by contact charge may seem minor, but the consequences can affect your life for years. A conviction creates a permanent criminal record that appears on background checks indefinitely. You could lose employment opportunities, face professional license denial, and deal with the stigma of a violent crime conviction.

Don’t handle this alone. The prosecutors and police won’t look out for your interests. They’re building a case against you. You need someone who will fight for you, challenge the evidence, and protect your future.

Call (817) 203-2220 to schedule your free consultation with an experienced Denton County assault by contact lawyer. We’ll review your case, explain your options, and develop a defense strategy designed to achieve the best possible outcome. Don’t wait. Call today.