If you’ve been accused of assault in Texas, you might be feeling overwhelmed, confused, and unsure about what comes next. Texas law treats assault as a broad category of offenses, ranging from verbal threats to serious physical violence. While some assault cases are resolved with a small fine, others can result in felony convictions, long prison sentences, and lifelong consequences.
In this guide, we break down everything you need to know about assault charges in Texas, including definitions, classifications, penalties, and how the legal process works specifically in Harris and Galveston Counties. We also link to detailed guides on specific assault scenarios, charges, and defenses to give you a full picture of your rights and your risks.
Texas law defines assault under Penal Code §22.01. A person commits assault if they:
This broad legal language allows for a wide variety of conduct to qualify as assault—even if no one is physically injured. For a deeper dive into what each part of this definition means, visit our dedicated cluster post: Texas Legal Definition of Assault Explained.
Assault charges are not one-size-fits-all. In fact, Texas law provides several different types of assault classifications based on factors like the severity of harm, whether a weapon was used, and who the victim was. These charges range from Class C misdemeanors to first-degree felonies. For a comprehensive breakdown of how each type is defined and prosecuted locally, refer to Types of Assault Charges in Harris & Galveston Counties .
In many other states, “assault” and “battery” are two separate crimes. But in Texas, there’s no legal distinction. Everything that might be considered battery in another state is simply called assault here. This can lead to confusion, especially for those moving from out of state or dealing with prior offenses elsewhere. For clarity on this important difference, read our cluster post: Difference Between Assault and Battery in Texas Law .
Under Penal Code §22.02 , an assault becomes “aggravated” if it involves:
Aggravated assault is classified as either a second- or first-degree felony depending on the circumstances. It is among the most serious assault charges in Texas, carrying the possibility of decades in prison. For more on how aggravated assault is charged and sentenced, see: What Makes Assault ‘Aggravated’ in Texas?
Yes. Assault does not always involve physical contact. Under Texas law, even threatening someone with imminent harm can be enough to justify an arrest. This is referred to as “assault by threat” and is often charged as a Class C misdemeanor. However, even this low-level offense can result in a criminal record. For examples of how this plays out, refer to our post: Assault by Threat: Can You Be Charged Without Touching Someone?