Charged With Assault in Texas? Here’s Everything You Need to Know

A Practical, Plain-Language Guide from a Former Harris County Prosecutor Turned Defense Attorney

Being arrested for assault in Texas is frightening. One moment you’re arguing or trying to defuse a tense situation; the next you’re in handcuffs, facing criminal charges that can affect your freedom, career, family, and even your right to own a firearm. Under Texas law, “assault” covers a wide range of conduct—from a heated shove to an accusation that someone was choked, or a claim that a deadly weapon was involved. The difference between a Class C ticket and a felony arrest can hinge on a few facts and your relationship to the complainant.

In this post you’ll learn what Texas calls “assault,” how cases are charged in Harris and Galveston Counties, what penalties look like, how investigations really work, the defenses that win cases, what protective orders do, what to expect when hiring a lawyer, and how to rebuild life after an accusation. When you’re ready to go deeper on any single topic, scroll to the bottom of the page to find the breakout topics.

What Texas Law Means by “Assault”

Under Texas Penal Code § 22.01, you can be charged with assault if prosecutors claim you:

1. intentionally, knowingly, or recklessly caused bodily injury to another person,
2. intentionally or knowingly threatened another with imminent bodily injury, or
3. intentionally or knowingly caused physical contact with another when you knew or should have reasonably believed the person would find the contact offensive or provocative.

Those three tracks matter. The first (“bodily injury”) is most often a Class A misdemeanor but can be enhanced to a felony based on who the complainant is (e.g., a family/household member, public servant, or security officer) or specific facts (like “impeding breath”). Threat-only and offensive-contact assaults are usually Class C—think of them as ticket-level cases—unless certain enhancements apply.

Want the precise elements, legal definitions (like “bodily injury” and “reckless”), and examples? See What Is Assault in Texas?.

How Assault Charges Are Classified in Harris & Galveston Counties

Texas assault charges span from Class C misdemeanors to first-degree felonies:

• Class C Assault (Threat/Offensive Contact): Generally a fine-only offense.
• Class A Assault (Bodily Injury): Up to one year in county jail and a fine up to $4,000.
• Family-Violence Enhancements: An allegation of violence against a “family or household member” or someone you’re dating triggers special warnings and potential firearm restrictions—and if the State alleges “impeding breath or circulation,” the case jumps to a third-degree felony.
• Aggravated Assault (§ 22.02): If the State claims “serious bodily injury” or use/exhibition of a deadly weapon, it’s typically a second-degree felony; certain circumstances raise it to a first-degree.

How do local prosecutors actually file these? Harris County and Galveston County intake divisions evaluate officer narratives, body-cam, 911 audio, medical records, and relationship status to pick charges and enhancements. For side-by-side comparisons, common fact patterns, and local filing trends, visit Types of Assault Charges in Harris & Galveston Counties.

Penalties, Enhancements, and Collateral Consequences

Penalties are only half the story; the collateral consequences can be harsher and longer-lasting.