Posted on 6/21/21

If you have been charged with assault in Texas, it will be helpful to understand the different types of assault charges and the legal defenses you can make. Texas prosecutors will charge a suspect of assault if he or she injures or threatens to injure another person recklessly, knowingly, or intentionally. Additionally, when a defendant has engaged in provocative or offensive physical contact with another individual, he or she may face assault charges in Texas.

Misdemeanor Assault Charges

In Texas, making a threat of bodily harm or an offensive or provocative physical contact constitutes a Class C misdemeanor assault. Those convicted of a Class C misdemeanor assault face a fine of up to $500. When someone assaults another sports player during a game, he or she will face Class B misdemeanor charges which carry a fine of up to $2,000 and up to 180 days in jail.

When a defendant causes another person a bodily injury, but there are no aggravating factors present, the prosecution will bring Class A misdemeanor charges. The prosecution can also bring Class A misdemeanor charges when the defendant has offensive or provocative contact with an elderly individual. Class A misdemeanors carry a fine of up to $4,000 and up to a year in jail. Aggravating factors include:

  • Repeat offenses

  • Taking a leadership role in the assault

  • Victim vulnerability

  • Hate crimes

Mitigating factors will also determine the severity of a defendant’s sentencing. Some common mitigating factors include:

  • Having no prior criminal history

  • A minor role in the crime

  • The defendant shows genuine remorse

  • Mental or physical illness

  • The guilt of the victim in the assault


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