Felony & Misdemeanor Assault Laws in Texas

Have you been charged with assault in Texas? You could be facing misdemeanor or felony charges, which depends on a variety of factors.

With the right defense attorney, there are a number of legitimate defenses to an assault charge. The consequences can be severe if you are facing a felony. Your goal should be to avoid a conviction, but that can only happen if you have the right attorney on your case.

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.