Simple Assault in a Domestic Context: What You Should Know

Understanding Class A and Class C Misdemeanor Assaults in Texas Domestic Violence Cases

Not every domestic violence charge involves visible injury, strangulation, or felony accusations. In fact, most first-time family violence arrests in Texas involve Class A or Class C misdemeanor assault — often based on nothing more than a verbal threat or a complaint of pain.

But don’t let the term “simple assault” fool you. If the alleged victim is a spouse, ex, roommate, or dating partner, a simple assault becomes a domestic violence offense — with serious consequences, including lifetime firearm bans and permanent record implications, even if the charge is dismissed or reduced.

This post explains what Class A and C assaults look like in a domestic context, what penalties they carry, and why hiring a criminal defense attorney near you is essential if you're charged in Harris, Fort Bend, Galveston, or Brazoria County.

1. What Is “Simple Assault” in Texas?

Texas law defines assault under Penal Code § 22.01. A “simple” assault refers to cases without serious bodily injury or weapons involved.

There are two primary levels:

• Class A Misdemeanor
  Causing bodily injury (pain, even without visible marks) to another person
• Class C Misdemeanor
  Making a threat of imminent bodily injury
  or
  Causing physical contact that is offensive or provocative

In a domestic context, these charges are reclassified as Assault – Family Violence, triggering additional consequencesnot present in other simple assault cases.

2. What Counts as Class A Assault – Family Violence?

You can be charged with Class A Assault – Family Violence if you:

• Slap, push, or shove a spouse or dating partner
• Grab someone’s wrist during an argument
• Cause pain without leaving visible injury
• Throw something that causes minor contact

Even without medical treatment or 911 injury documentation, a complaint of pain can lead to arrest.

Penalties include:

• Up to 1 year in jail
• Up to $4,000 in fines
• Protective orders and no-contact bond conditions
• Permanent family violence finding

See: How Domestic Violence Charges Impact Your Criminal Record

3. What Counts as Class C Assault – Family Violence?

This charge is often used when:

• No physical harm occurred
• A person threatened their partner in the heat of an argument
• There was offensive physical contact (e.g., poking, grabbing, unwanted touch)

Class C Assault is punishable by a fine only, but if filed as family violence, it still leads to:

• A public arrest record
• Protective order eligibility
• Disqualification from record sealing
• Enhancement to felony on any future incident

See: Non-Physical Domestic Violence Charges: Can You Be Charged Without Hitting Someone?

4. How Do Police Handle These Charges?

In all four counties:

• Officers often arrest based on verbal reports or 911 calls
• No visible injury is required
• Police frequently issue a Magistrate’s Order for Emergency Protection (MOEP) even in Class C cases

Once an arrest is made, prosecutors typically move forward even if the alleged victim doesn’t want to press charges.

See: What Happens When Police Are Called to a Domestic Disturbance?

5. Can These Charges Be Dismissed?

Yes — but it depends on:

• The strength of the evidence (911 audio, bodycam, photos)
• Whether the alleged victim is cooperative
• Your criminal history
• The discretion of the local DA’s office

Your criminal defense attorney near you may:

• File a motion to dismiss or suppress evidence
• Argue the incident didn’t meet the legal definition of assault
• Request pretrial diversion or conditional dismissal
• Negotiate deferred adjudication (but this can still carry a family violence finding)

See: How Your Attorney Can Help Reduce or Dismiss Charges

6. Why These Charges Carry Long-Term Consequences

Even though they’re called “misdemeanors,” Class A and C Assault – Family Violence charges can lead to:

• Firearm bans
• No record sealing eligibility
• Housing denials
• Employment barriers
• Custody and divorce complications

This is especially true if the court enters a family violence finding, which becomes permanent under Texas law — even if you take a plea deal or complete probation.

See: Family Violence vs. Domestic Violence: What’s the Difference?

7. What to Do If You’re Facing a Class A or C Domestic Assault Charge

• Do not contact the other person, even if they reach out
• Follow all bond conditions and protective orders
• Avoid social media or text discussions about the incident
• Hire a criminal defense attorney near you with experience in local domestic courts

A good lawyer will:

• Work to avoid a family violence finding
• Push for dismissal or non-family violence reduction
• Help keep your record as clean as possible
• Advise you on sealing or expunction later, if eligible

See: Can You Expunge an Assault Charge in Texas?

Final Thoughts: Simple Doesn’t Mean Safe — Protect Your Record Early

In Texas, even a Class C misdemeanor domestic assault can lead to permanent legal consequences. Don’t assume that a “minor” charge will resolve itself — or that probation is always a safe option. If you're facing a family violence accusation, especially for the first time, act quickly.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you who can help you fight misdemeanor family violence charges in Harris, Fort Bend, Galveston, or Brazoria County.

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