Felony & Misdemeanor Assault Laws in Texas

Have you been charged with assault in Texas? You could be facing misdemeanor or felony charges, depending on a variety of factors. The penalties can be severe, including up to 10 years in prison or a fine of up to $10,000. There are a number of legitimate defenses to an assault charge. You want an experienced lawyer to help you protect your rights.

At the Law Office of Kevin Clancy & The Law Office of Tim Clancy, we have almost 50 years of combined criminal law experience, focusing our practice on the needs of people throughout the Dallas-Fort Worth area. We handle all types of assault charges, including misdemeanor or felony prosecutions. We will fully investigate the facts of your case, and will be staunch advocates for you at all stages of the legal process.

The Different Types of Criminal Assault in Texas

Under Texas law, assault may be prosecuted as a misdemeanor or as a felony, based on a number of factors. In general, assault is an intentional or reckless act, whereby you cause physical bodily injury to another person. You can also be charged with assault if you threaten someone with immediate bodily harm. You don’t have to cause any traumatic injury; it is considered assault if you knew or should have known that the contact would be considered offensive. To that end, a simple touching or an intended affectionate gesture can be assault.

A simple assault can rise to the level of a felony under certain circumstances, including:

• If the victim was a public servant or government contractor, or a security guard or emergency services worker, you may be charged with third degree felony assault
• If it can be shown that you intended to cause serious bodily harm, you can be charged with a felony
• If you used a weapon to commit or further the assault, you can also be charged with felony assault

Your Potential Defenses

The defenses to a charge of assault generally fall into two categories: a defense where you assert that you did not commit assault, and a defense where you admit that you committed the assault, but want to argue that you had legal reasons. In the first instance, you may establish alibis or use other evidence to demonstrate that you did not commit the act. In the latter case, you may argue self-defense, protection of another person, or the prevention of theft.

Contact Our Office

For a confidential consultation with an experienced Texas criminal defense attorney, contact us online at or call (214) 550-5771.

Attorney Kevin Clancy is AV-rated under Martindale-Hubbell’s peer review rating system.