Types of Assault Charges in Texas

Understanding assault charges in Texas requires more than knowing the difference between a slap and a stab. Texas law breaks assault down into a broad spectrum of charges based on the severity of the act, who was harmed, the presence of weapons, and the accused's prior history. If you or someone you know is facing assault charges, this guide will walk you through the types of charges, legal thresholds, examples, and potential consequences.

Below is a categorized list of assault-related charges in Texas — from Class C misdemeanors to first-degree felonies — with key insights into each.

1. Class C Misdemeanor Assault (Simple Threats or Offensive Contact)

This is the lowest level assault charge in Texas. According to Texas Penal Code § 22.01(a)(2)-(3), a person commits assault by:

• Threatening someone with imminent bodily injury
• Making physical contact that is offensive or provocative

No injury needs to occur. Examples include shoving, poking, or threatening someone during a heated argument.

See: Simple Assault Charges: Texas Laws and Penalties (Class C and A)

2. Class A Misdemeanor Assault (Bodily Injury Without Aggravating Factors)

This charge applies when bodily injury occurs, but the case doesn’t meet felony thresholds. Texas defines bodily injury broadly as "physical pain, illness, or any impairment of physical condition."

Examples include punching someone during a fight or pushing someone down and causing soreness or bruising.

See: Simple Assault Charges: Texas Laws and Penalties (Class C and A)

3. Aggravated Assault (Second-Degree Felony)

This serious felony occurs when someone:

• Causes serious bodily injury to another, or
• Uses or exhibits a deadly weapon during the assault

You don’t have to do both. Either element alone is enough to elevate a misdemeanor to a second-degree felony under Texas Penal Code § 22.02.

See: Aggravated Assault: What It Means and What’s at Stake (2nd Degree Felony)

4. Assault with a Deadly Weapon

This is a subset of aggravated assault but deserves its own category due to how frequently it arises in Texas courts. You don’t have to injure someone — just displaying a weapon in a threatening way can trigger this charge.

Common scenarios include:

• Pulling a firearm during a road rage incident
• Swinging a bat or crowbar in a fight
• Brandishing a knife in a domestic argument

See: Assault with a Deadly Weapon Charges in Texas

5. Assault Against Public Servants (Third-Degree Felony)

Texas law enhances penalties when the victim is a public servant, including:

• Police officers
• EMTs and firefighters
• Teachers and school staff
• Judges and licensed security officers

The enhancement applies if the victim was lawfully performing their duties and the defendant knew their status.

See: Assault Against Public Servants: Police, EMTs, Teachers

6. Domestic Assault and Family Violence (Class A or Felony)

When the alleged victim is a family member, romantic partner, or household member, the case is elevated to Assault – Family Violence (AFV).

A first offense may still be a Class A misdemeanor, but future offenses, or assaults involving strangulation or weapons, are charged as felonies.

See: Domestic Assault and Family Violence Offenses in Fort Bend County

7. Continuous Violence Against the Family (Third-Degree Felony)

Under Texas Penal Code § 25.11, committing two or more assaults within 12 months against a family or household member results in this charge — even if no previous arrest or conviction occurred.

This charge is based on a pattern of behavior, not just a single incident.

See: Continuous Violence Against the Family Charges Explained

8. Injury to a Child, Elderly, or Disabled Person (Felony)

Assault becomes more serious when the victim is part of a protected group:

• Children under 14
• Elderly individuals (65+)
• Disabled persons (mental, physical, or developmental disabilities)

Depending on the circumstances, this may be charged as a state jail felony, third-degree, second-degree, or first-degree felony.

See: Injury to a Child, Elderly, or Disabled Person in Texas Assault Cases

9. Sexual Assault and Aggravated Sexual Assault

Sexual assault involves non-consensual sexual contact or penetration. Aggravated Sexual Assault adds elements such as:

• Use of a deadly weapon
• Serious bodily injury
• Victim under age 14 or elderly/disabled

Both are felony charges, with aggravated sexual assault often resulting in life sentences if convicted.

See: Sexual Assault vs. Aggravated Sexual Assault in Texas

10. Misdemeanor vs. Felony Assault: Key Differences

Understanding how charges are classified is vital. Misdemeanors generally involve lesser injury, no weapons, and no protected-class victims.

Felonies involve:

• Serious bodily harm
• Deadly weapons
• Protected individuals
• Repeat offenses

The classification determines court venue, bond amounts, sentencing ranges, and expunction eligibility.

See: Misdemeanor vs. Felony Assault Charges in Texas Courts

11. Assault in Drug or Alcohol-Related Incidents

Substance use doesn’t excuse assault, but it often explains it. Prosecutors may consider intoxication a sign of recklessness, which meets the mental state for assault.

Common scenarios:

• Bar fights after drinking
• Domestic disputes involving drugs
• DUI-related confrontations

Substance use can complicate defense strategies and enhance charges, particularly if prior incidents exist.

See: Assault in Drug or Alcohol-Related Incidents: How Substance Use Impacts Charges

Conclusion: Why You Need Legal Help Now

Texas takes assault charges seriously, and each classification carries distinct penalties and lifelong consequences. Whether you're facing a minor Class C citation or a felony assault with a deadly weapon, understanding the law is your first step.

The second step? Hire a knowledgeable defense attorney near you.

At Walker Law Office, we represent clients in Harris, Fort Bend, Galveston, and surrounding counties. We know the local prosecutors, judges, and courtroom dynamics. We handle everything from pretrial motions and plea negotiations to full jury trials and expunctions.

Call Walker Law Office today at (713) 228-2611 or contact us online at walkerlawhouston.com/contact to speak with an attorney near you.

‍