Assault by Threat: Can You Be Charged Without Physical Contact?

Can You Really Be Arrested for Assault Without Touching Someone?

Yes. Under Texas law, assault doesn’t require a punch, a shove, or even any physical contact at all. Many people are shocked to find themselves arrested and charged with assault — even though they never laid a finger on anyone.

According to Texas Penal Code § 22.01(a)(2), a person commits assault by threat when they:

“Intentionally or knowingly threaten another with imminent bodily injury.”

That means a verbal threat or aggressive gesture — if serious enough — can lead to criminal charges. You don’t have to hurt someone to face arrest. You don’t even have to make contact. All that’s required is a credible threat of harm.

Let’s break down what that really means in Texas law, especially in Harris County, Fort Bend County, and other local jurisdictions.

What Does “Imminent Bodily Injury” Mean?

The key phrase in the statute is “imminent bodily injury.” Courts have interpreted this to mean a real and immediate threat — not a vague or hypothetical one.

Some examples that can lead to an assault by threat charge:

• Telling someone you’re about to “beat them up” during an argument
• Raising your fist or lunging toward someone aggressively
• Threatening someone while holding a weapon
• Verbally threatening harm during a road rage incident

If the victim genuinely feared harm in that moment, the law considers it criminal assault, even without physical contact.

What Type of Charge Is Assault by Threat in Texas?

In most cases, assault by threat is a Class C misdemeanor, the lowest level of criminal offense in Texas:

• Fine up to $500
• No jail time

But don’t be misled — a Class C assault still creates a permanent criminal record. It can affect:

• Employment
• Background checks
• Licensing
• Immigration consequences

And in certain situations, the charge can be enhanced.

When Can Assault by Threat Become More Serious?

1. Family Violence

If the threat is made against a spouse, romantic partner, family member, or roommate, the charge becomes Assault – Family Violence under Tex. Fam. Code § 71.004.

Even if it’s still a Class C, the “family violence finding” on your record:

• Stays permanently
• Triggers federal firearm bans
• Affects child custody in family court
• Can lead to felony charges if repeated

2. Against a Public Servant

If the threat is directed at a police officer, judge, or emergency worker, the charge can be enhanced to a Class A misdemeanor or a felony, depending on circumstances.

3. With Prior Convictions

A person with prior assault or family violence convictions can face enhanced penalties — sometimes felony charges, even for threats alone.

4. Use or Display of a Weapon

Even without physical harm, brandishing a weapon while threatening someone can elevate the charge to Aggravated Assault, a second-degree felony under Tex. Penal Code § 22.02.

That’s why your attorney near you must carefully examine the facts of your case and challenge any overcharged enhancements.

How Do Prosecutors Prove Assault by Threat?

The prosecution must prove:

1. You made a threat, and
2. The victim reasonably believed they were about to be harmed

This is often based on:

• 911 call recordings (Tex. R. Evid. 803(2))
• Witness statements
• Body cam or security video
• Victim testimony

Unlike physical assault cases, there may be no medical evidence — it’s often word against word. That gives your lawyer near you more room to challenge the credibility of the accusation.

Common Defenses to Assault by Threat Charges

Lack of Intent

If the threat was misunderstood or taken out of context, your attorney near you can argue that there was no intent to cause fear or alarm.

No Imminence

A vague or future threat (e.g., “you’ll regret this someday”) usually doesn’t qualify under Texas law. The fear must be immediate and present.

No Reasonable Fear

If the alleged victim was not actually afraid, or their reaction was disproportionate, the prosecution may have trouble proving their case.

Self-Defense or Defense of Others

Sometimes threats occur in the context of defending yourself or another person from real danger. In those cases, a lawyer near you can raise legal justification defenses under Tex. Penal Code § 9.31–9.33.

What Happens After an Assault by Threat Arrest?

Citation or Arrest

Most Class C assault by threat cases begin with a citation or on-the-scene arrest. In Harris County or Fort Bend County, police often take a “better safe than sorry” approach and let the courts decide guilt later.

Municipal or JP Court

You’ll be ordered to appear in municipal or Justice of the Peace (JP) court, depending on where the incident occurred.

Plea Negotiation or Trial

A skilled attorney near you may be able to:

• Get the charge dismissed for lack of evidence
• Arrange deferred disposition or pretrial diversion
• Take the case to trial and fight for a not guilty verdict

Expunction Possibility

If your case is dismissed or you are acquitted, your lawyer near you can help you file for expunction, which erases the charge from your record entirely — but only if handled correctly.

Why You Shouldn’t Ignore Assault by Threat Charges

Even though it’s a low-level offense, a conviction can have high-level consequences. From employment restrictions to custody disputes to future enhancements — a Class C assault finding can follow you for life.

Don’t make the mistake of thinking it’s “just a ticket.”

You need a knowledgeable criminal defense attorney near you who can spot weaknesses in the case, fight enhancements, and protect your record.

At Walker Law Office, we’ve helped clients across Houston, Sugar Land, Missouri City, and beyond fight assault by threat charges — and win. Whether you need a dismissal, a record-clearing strategy, or a strong courtroom defense, we’re ready to help.

Call Walker Law Office today at (713) 228-2611 or contact us online at https://www.walkerlawhouston.com/contact/ for a free consultation with an attorney near you.

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