Is Assault a Felony in Texas?

The answer to “Is assault a felony in Texas?” is highly dependent on the details of the incident. Intention, harm caused, and the presence or absence of a firearm or other deadly weapon can influence whether assault is charged as a misdemeanor or a felony. Being aware of the various types of assaults under Texas law is key to building a strong defense in a criminal case.

Understanding Assault Charges in Texas

Assault is defined under Texas Penal Code Title 5, Chapter 22 – Assaultive Offenses. The crimes under this statute vary widely and include:

• Simple Assault: Intending to cause bodily injury or placing another in danger of sustaining bodily injury.
• Indecent Assault: Without a person’s consent, touching another or exposing oneself to another to gratify their sexual desire.
• Aggravated Assault: Assault that causes serious bodily injury or when a deadly weapon is used or exhibited in the commission of assault.
• Sexual Assault: This encompasses rape, including statutory rape.
• Aggravated Sexual Assault: Sexual assault that causes serious bodily harm, where a deadly weapon is used, that results from a perpetrator impairing the victim by use of a substance, or when committed in coordination with another, or by threatening kidnapping, trafficking, serious bodily injury, or death.

In Texas in 2023, there were 24,417 arrests reported by state law enforcement for assault not specified and 93,112 arrests for simple assault. Assault remains the most common type of violent crime in Texas, though across the U.S., there was a 2.8% decrease in the number of aggravated assaults reported.

Is Assault a Felony in Texas?

Based on the various crimes that fall under the category of assault, determining whether an assault charge is a felony or not requires knowing the facts of a case. The following are examples of assault offenses that can be charged as felonies in Texas:

• Assault against a law enforcement officer, in the context of family violence or within a dating relationship, or committing assault as a government employee in specific contexts (Third-degree Felony)
• Aggravated assault (Second-degree felony)
• Aggravated assault in a dating relationship (First-degree felony)
• Sexual Assault (Second-degree felony)
• Aggravated sexual assault (First-degree felony)

A misdemeanor assault charge can become a felony charge based on aggravating factors present in the incident, for instance, if it is a domestic violence assault.

Penalties for felony assault convictions include a minimum of 2 years for a third-degree felony and up to life in prison for a first-degree felony, including sexual assault. Additionally, aggravated assault can be subject to a minimum sentence of 25 years in certain cases. Those convicted of a felony crime may also need to pay significant fines, up to $10,000.

How to Beat Felony Assault Charges in Texas

It is highly advised that those facing felony assault charges in Texas approach their case with diligence and work with a dedicated criminal defense attorney who can help them beat these charges.

To succeed in a felony assault case, a defendant can utilize a defense strategy that makes sense for their case. This can include:

• Presenting self-defense as a mitigating factor, for example, showing you were defending yourself or someone else from imminent harm, severe bodily injury, or death. Successfully proving your actions fell under Texas’s “Stand Your Ground” law can relieve you of criminal responsibility.
• Challenging the evidence in the case by providing an alibi or proving that you did not intend to cause harm to another. Lack of consent can also be brought into question in a sexual assault case.

Leveraging these and other defenses in court or during negotiations with prosecutors can help a person facing felony assault charges in Texas get these charges dismissed or have them reduced to misdemeanor charges, which are subject to less severe penalties.

FAQs

Q: Is Simple Assault a Felony in Texas?

A: Yes, simple assault can be charged as a felony in Texas. Simple assault can result in a felony sentence when a convicted person is found guilty of causing, intending, or threatening to cause bodily harm to a law enforcement official, a family member, or someone they are dating or have dated. Otherwise, it is likely to be charged as a Class A misdemeanor for a first-time offense.

Q: How Long Do You Go to Jail for Assault in Texas?

A: How long you go to jail for assault in Texas depends on the specific crime. A Class A misdemeanor assault can result in up to one year in jail. Those convicted of first-degree aggravated assault can receive a maximum prison sentence of up to life in jail. Felony assault convictions can also lead to significant fines of up to $10,000.

Q: What Is the Lowest Charge of Assault in Texas?

A: The lowest charge under the Texas Assaultive Offenses statute is Sec. 22.01(a)(3), which occurs when a defendant intentionally or knowingly comes into physical contact with another person if the defendant knows the other party can perceive the physical contact as provocative or offensive. This can be charged as a Class C misdemeanor and is subject to a $500 fine and no jail time.

Q: How Serious Is an Assault Charge in Texas?

A: Assault charges in Texas should be taken extremely seriously. Certain assault incidents can be charged as third, second, and first-degree felonies, including assault against a public servant, aggravated assault, and aggravated assault against a family member or a law enforcement official. A felony conviction in Texas can result in significant jail time

Charged With Assault in Texas? Learn More About Your Options

A moment of heated passion can turn into a legal nightmare if you are charged with assault in Texas. The term assault can encompass various types of charges under Texas law, from Class A misdemeanor assault to aggravated assault, which is a felony. Beating an assault charge requires a strategic approach that leverages knowledge of state law, skilled negotiation, and aggressive litigation.

Greco Neyland, PC, offers this and more. When you partner with a seasoned criminal defense attorney from our highly rated law firm, you are given personalized attention and compassionate support. We pride ourselves on being accessible to clients and making them an active part of their defense strategy. To discuss your questions about assault in Texas, contact our office today.