Misdemeanor assault in Texas covers four types of offenses: Assault Bodily Injury (Class A), Assault Bodily Injury Against a Family Member (Class A), Assault by Threat (Class C), and Assault by Contact (Class C). Penalties range from a $500 fine for Class C offenses to up to one year in jail and $4,000 in fines for Class A misdemeanors. An experienced defense attorney can often help you avoid jail time or get charges dismissed entirely.
Many people are surprised by what qualifies as assault under Texas law. You don’t have to throw a punch. Spitting on someone, poking them in the chest, or even threatening to hurt them can result in assault charges. In this guide, the criminal defense attorneys at Varghese Summersett break down each type of misdemeanor assault, explain the penalties, and outline your legal options.
What Are the Four Types of Misdemeanor Assault in Texas?
Under Texas Penal Code Section 22.01, there are four categories of misdemeanor assault:
- Assault Bodily Injury (ABI)
- Assault Bodily Injury Against a Family Member (ABI-FM)
- Assault by Threat
- Assault by Contact
A person commits assault in Texas if they intentionally, knowingly, or recklessly cause bodily injury to another person. Assault charges also apply when someone threatens another with imminent bodily injury or makes physical contact that is provocative or offensive.
What Is Assault Bodily Injury (ABI) in Texas?
Assault Bodily Injury occurs when a person intentionally, knowingly, or recklessly causes physical harm to someone else. The key element is “bodily injury,” which Texas law defines as physical pain, illness, or impairment of physical condition. Any amount of pain, no matter how minor, is enough to meet the legal standard. However, a claim of mere discomfort without actual pain will not support an ABI charge.
Assault Bodily Injury is a Class A misdemeanor in Texas. The maximum punishment is up to one year in jail and a fine of up to $4,000.
What Is Assault Bodily Injury Against a Family Member (ABI-FM)?
Assault Bodily Injury Against a Family Member (sometimes called domestic assault) follows the same legal definition as standard ABI. The difference is the relationship between the accused and the alleged victim. Under Texas law, family or household members include:
- Current or former spouses
- Parents and children
- Siblings
- Roommates or co-residents
- Current or former dating partners
- Blood relatives, adoptive relatives, or relatives by marriage
A first-time ABI-FM offense is a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine. However, the charge becomes a third-degree felony if the defendant has a prior family violence conviction. It can also be elevated to a felony if the assault involved strangulation or the use of a weapon.
A conviction for ABI-FM carries serious collateral consequences. Under federal law, anyone convicted of a misdemeanor crime of domestic violence permanently loses their right to possess firearms.
What Is Assault by Contact in Texas?
Assault by Contact occurs when someone intentionally or knowingly makes physical contact with another person in a way that is offensive or provocative. This includes actions like spitting on someone or poking them in the chest. The contact does not need to cause pain or injury to qualify as assault.
Assault by Contact is a Class C misdemeanor in Texas. The maximum penalty is a fine of up to $500 with no jail time. However, even a Class C conviction creates a permanent criminal record that can affect employment, housing, and other opportunities.
What Is Assault by Threat in Texas?
Assault by Threat occurs when someone intentionally or knowingly threatens another person with imminent bodily injury. The threat can be verbal or nonverbal (such as a menacing gesture). No physical contact is required. The alleged victim must have reasonably believed the threat was real and immediate.
Assault by Threat is a Class C misdemeanor, punishable by a fine of up to $500. While jail time is not possible for this offense, a conviction still results in an assault record that can follow you for life.
What Are the Penalties for Misdemeanor Assault in Texas?
Texas divides misdemeanor assault into three classes based on the severity of the offense:
| Class | Maximum Jail Time | Maximum Fine | Examples |
|---|---|---|---|
| Class A | Up to 1 year | $4,000 | ABI, ABI-FM, threatening elderly persons |
| Class B | Up to 180 days | $2,000 | Non-sports participant threatening sports player |
| Class C | None | $500 | Assault by Threat, Assault by Contact |
Beyond the direct criminal penalties, an assault conviction can damage your reputation, limit job opportunities, affect child custody matters, and in domestic violence cases, result in the permanent loss of gun rights.
What Are the Legal Defenses to Misdemeanor Assault?
Being charged with assault does not mean you will be convicted. Texas law recognizes several valid defenses, including:
Self-defense: You had a reasonable belief that force was immediately necessary to protect yourself from another person’s use or attempted use of unlawful force.
Defense of others: You used reasonable force to protect a third party from harm.
Defense of property: Under Texas’s Castle Doctrine, you may use force to prevent certain crimes against your property.
Consent or mutual combat: Under Texas Penal Code Section 22.06, two adults may legally engage in consensual fighting if the contact did not cause serious bodily injury.
Lack of intent: The prosecution must prove you acted intentionally, knowingly, or recklessly. Accidental contact is not assault.
An experienced defense attorney will investigate your case, interview witnesses, review any available video evidence, and identify the strongest defense strategy.
Will I Go to Jail for a First-Time Misdemeanor Assault?
Jail is possible for Class A and Class B misdemeanor assault, but it is not automatic. For first-time offenders with no criminal history, prosecutors and judges often consider alternatives to incarceration. These may include:
- Dismissal of charges (if evidence is weak or defenses are strong)
- Deferred adjudication probation (which can lead to a non-disclosure)
- Standard probation
- Pre-trial diversion programs (available in some Texas counties)
The goal of a skilled defense attorney is to fight for the best possible outcome, whether that means getting the case dismissed, negotiating reduced charges, or avoiding a conviction through a diversion program. At Varghese Summersett, our attorneys have secured more than 1,600 dismissals and 800 charge reductions for clients facing criminal charges in Texas.
Is Mutual Combat Legal in Texas?
Texas allows a limited defense of mutual combat under Texas Penal Code Section 22.06. This defense applies when two people voluntarily agree to fight and the contact does not cause serious bodily injury. Both participants must give some form of consent, whether through words or body language.
However, mutual combat has limits. If serious bodily injury occurs, the defense fails. If the fight was one-sided or unprovoked, mutual combat will not apply. Courts examine the facts closely, and prosecutors often challenge claims of consent.
What Is the Difference Between Misdemeanor and Felony Assault?
Assault charges escalate to a felony based on the victim’s status, the nature of the injury, or the method of assault. Felony assault in Texas includes:
- Assault against a public servant (police officer, judge, paramedic)
- Injury to a child, elderly person, or disabled individual
- Assault causing serious bodily injury
- Aggravated assault involving a deadly weapon
- Family violence assault with a prior conviction or involving strangulation
Felony assault convictions carry prison sentences ranging from two years to life, depending on the degree of the offense.
How Does the Assault Charge Process Work in Texas?
After an arrest for assault, your case follows a specific path through the criminal justice system. First, police forward the case to the local district attorney’s office. A prosecutor reviews the evidence and decides whether to file formal charges. Three outcomes are possible at this stage:
The prosecutor may accept the case immediately. The prosecutor may request additional investigation before making a decision. Or the prosecutor may reject the case entirely if the evidence is insufficient.
If charges are filed, you will receive a court date and must appear before a judge. Before your first court appearance, you should consult with an experienced assault defense attorney who can explain your options, challenge the evidence, and fight for the best possible outcome.
Six Things to Know About Assault Charges in Fort Worth and Dallas
Police and prosecutors tend to believe the alleged victim. Officers make arrests based on probable cause, not proof beyond a reasonable doubt. When responding to an alleged assault, police often arrest first and let prosecutors sort out the details later. This means innocent people get charged based on one-sided accounts.
An Affidavit of Non-Prosecution may not stop the case. Many people believe that if the alleged victim signs an affidavit asking prosecutors to drop the charges, the case will go away. That’s often not true. Prosecutors are skeptical of these affidavits, recognizing that victims may have various reasons for wanting charges dropped: love, financial dependence, reconciliation, or fear. It takes an experienced attorney to convince a prosecutor to dismiss a case over their objections.
Prior history can work both ways. In family violence cases, Texas law allows both sides to introduce evidence about the relationship’s history. Prosecutors often use this to paint the defendant in a negative light. But the same rule allows defense attorneys to present evidence that supports the defendant’s account or undermines the accuser’s credibility.
Your behavior while on bond matters. After an arrest, you will likely have bond conditions that prohibit contact with the alleged victim. Violating these conditions, even with good intentions, can result in your bond being revoked and seriously damage your case. There are proper legal channels to modify bond conditions if necessary.
Proactive steps can help your case. Even if you did nothing wrong, taking positive action while your case is pending can help. Attending anger management classes, performing community service, or gathering character references can demonstrate to prosecutors that you are taking the matter seriously and may lead to a better outcome.
Cases take time to resolve. In Tarrant County and Dallas County, misdemeanor assault cases often take a year or more to resolve. While waiting can be stressful, time usually works in the defendant’s favor. Witnesses’ memories fade, and the prosecution’s case rarely gets stronger. Patience, combined with strategic legal guidance, can improve your chances of a favorable resolution.
Frequently Asked Questions About Texas Misdemeanor Assault
Can assault charges be dropped if the victim doesn’t want to press charges?
The victim does not control whether charges are filed or dropped. Only the prosecutor can make that decision. While an Affidavit of Non-Prosecution from the victim may influence the prosecutor, it does not guarantee dismissal. Prosecutors often proceed with cases even when victims are uncooperative.
How long does a misdemeanor assault stay on your record in Texas?
A misdemeanor assault conviction remains on your criminal record permanently unless you qualify for expunction or non-disclosure. If your case was dismissed or you completed deferred adjudication probation, you may be eligible to have the record sealed or removed. An attorney can evaluate your eligibility.
Can I own a gun if I’m convicted of misdemeanor assault in Texas?
If you are convicted of assault involving a family member or dating partner (a misdemeanor crime of domestic violence), federal law permanently prohibits you from possessing firearms. This ban applies even if you only received probation and never went to jail.
What happens if assault charges are filed against both people in a fight?
It is common for both parties in a physical altercation to face charges. Each case is evaluated separately. If both people consented to the fight and neither suffered serious bodily injury, a mutual combat defense may apply to both. An attorney can help determine the best strategy for your specific situation.
Is it possible to get a misdemeanor assault expunged in Texas?
Expunction is available if your case was dismissed, you were acquitted, or you completed a pre-trial diversion program. If you received deferred adjudication probation, you may qualify for a non-disclosure order instead, which seals the record from most public searches but does not destroy it.
Contact a Fort Worth Assault Defense Attorney Today
A misdemeanor assault charge can affect your freedom, your career, and your family. The attorneys at Varghese Summersett have decades of combined experience defending clients against assault charges throughout the Dallas-Fort Worth area. Our team includes former prosecutors who understand how the other side thinks and fights.
With more than 70 team members across four Texas offices, we have the resources to investigate your case thoroughly and fight for the best possible outcome. Call 817-203-2220 today for a free, confidential consultation.
