San Antonio Assault Lawyer

An assault charge in Texas covers a wide range of conduct, from a threat or an offensive touch that carries only a fine to a felony that can mean years in prison. Forrest Good PLLC handles assault matters in San Antonio and Bexar County, and the explanation below is general legal information, not legal advice about any specific case.

What an assault charge means in Texas

Texas defines assault in Section 22.01 of the Penal Code. A person commits an assault by doing any one of three things: intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury; or intentionally or knowingly causing physical contact with another person when the actor knows or should reasonably believe the other person will regard the contact as offensive or provocative.1 Because the statute reaches threats and offensive contact, a charge does not require a visible injury, a fistfight, or a weapon. A raised hand, a shove, or a spit can be enough for the State to file a case.

The seriousness of an assault charge turns on a few details: whether the complainant suffered an injury, who the complainant is, whether a weapon was involved, and whether the accusation involves a family or household member. Two terms do much of the work in the statute. “Bodily injury” means physical pain, illness, or any impairment of physical condition.2 “Serious bodily injury” means an injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ.2 The line between those two definitions often separates a misdemeanor from a felony.

It is worth remembering that an arrest or a charge is an accusation, not a finding of guilt. A person charged with assault is presumed innocent, and the State carries the burden of proving every element of the offense beyond a reasonable doubt.

How Texas classifies assault and the penalties

Assault is graded across nearly the entire range of Texas criminal offenses, from a Class C misdemeanor punishable by a fine only up to a first-degree felony. The grading depends on the manner of the assault, the identity of the complainant, and the accused person’s history.

Misdemeanor assault

An assault that causes bodily injury under Section 22.01(a)(1) is generally a Class A misdemeanor.1 An assault by threat under Section 22.01(a)(2) or by offensive contact under Section 22.01(a)(3) is generally a Class C misdemeanor, punishable by a fine only, although offensive contact against an elderly person can be elevated.1

Felony assault and family violence

Several circumstances raise an assault to a felony. An assault causing bodily injury becomes a third-degree felony when it is committed against a family member, household member, or dating partner and the State shows that the accused person was previously convicted of an offense involving family violence.1 An assault that impedes the normal breathing or circulation of the blood of a family, household, or dating partner, by applying pressure to the throat or neck or by blocking the nose or mouth, conduct often described as strangulation or choking, is also a third-degree felony, even on a first offense.1 A strangulation assault becomes a second-degree felony when the accused person has a prior family-violence conviction.1 An assault causing bodily injury to a public servant lawfully discharging an official duty, to a security officer, or to emergency services personnel is likewise a third-degree felony.1

Aggravated assault

Under Section 22.02, an assault becomes aggravated assault when the person causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of the assault.3 A deadly weapon includes a firearm, anything designed to inflict death or serious bodily injury, and anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.2 Aggravated assault is a second-degree felony in most cases.3 It rises to a first-degree felony in specified situations, including when the actor uses a deadly weapon and causes serious bodily injury to a family, household, or dating partner, and when the assault is committed against a public servant, by a public servant acting under color of office, or in retaliation against a witness or a person who reported a crime.3

The punishment ranges below come from Chapter 12 of the Texas Penal Code, which sets the confinement and fine limits for each offense level. The table maps the level to its range. The specific level that applies to any case depends on the facts and the charging decision.

Offense level Confinement range Maximum fine
Class C misdemeanor (assault by threat or offensive contact) No confinement $5004
Class B misdemeanor Up to 180 days in county jail $2,0005
Class A misdemeanor (assault causing bodily injury) Up to one year in county jail $4,0006
State jail felony 180 days to two years in a state jail $10,0007
Third-degree felony (for example, family-violence assault with a prior, or strangulation) Two years to 10 years in prison $10,0008
Second-degree felony (for example, aggravated assault) Two years to 20 years in prison $10,0009
First-degree felony (for example, aggravated assault in specified circumstances) Five years to 99 years or life in prison $10,00010

How assault cases move through Bexar County courts

A Bexar County assault case generally begins with an arrest, either on the scene or later on a warrant. After an arrest, the person is taken before a magistrate without unnecessary delay and not later than 48 hours. At that hearing the magistrate informs the person of the accusation, of the right to retain counsel, of the right to remain silent, of the right to have an attorney present during questioning, and of the right to an examining trial, and the magistrate addresses bond.11 Bond conditions in an assault case can include a no-contact order, GPS or alcohol monitoring, and other restrictions that affect daily life while the case is pending.

The court that hears the case depends on the level of the charge. In Texas, district courts have original jurisdiction over felony cases, county-level courts handle Class A and Class B misdemeanors, and justice and municipal courts handle Class C misdemeanors punishable by fine only.12 In Bexar County, misdemeanor assault cases are handled by the statutory county criminal courts, which adjudicate misdemeanors where the punishment may be a fine not to exceed $4,000 or a jail term not to exceed one year.13 Felony assault cases are heard in the Bexar County criminal district courts, which have jurisdiction over felony matters.14

The charging instrument also depends on the level. A misdemeanor proceeds on an information filed by the prosecutor. Under the Texas Constitution, a person generally cannot be held to answer for a felony except on an indictment returned by a grand jury, so a felony assault case is typically presented to a Bexar County grand jury, which decides whether to return an indictment.15 After charging, the case moves through pretrial settings, where the defense reviews the State’s evidence, files and argues motions, and discusses possible resolutions. A case that does not resolve proceeds to trial, where the State must prove each element beyond a reasonable doubt to a judge or a jury.

Defense considerations in an assault case

Every assault case is different, and the considerations below are general. They are not predictions and not a strategy for any particular matter. What follows is meant only to explain how a person charged with assault and a defense attorney commonly think about these cases.

The elements the State must prove. The State must prove each element of the charged offense beyond a reasonable doubt, including the required mental state of intentionally, knowingly, or recklessly, and the specific facts that elevate a charge, such as serious bodily injury, the use or exhibition of a deadly weapon, or a qualifying relationship for a family-violence allegation.1 Where the evidence on an element is thin or disputed, that gap is part of the analysis.

Self-defense and defense of others. Texas law recognizes self-defense. Under Section 9.31 of the Penal Code, a person is justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force.16 Whether that justification applies depends on the facts, including who was the aggressor and what a reasonable person would have believed in the moment.

The reliability of the evidence. Assault cases often rest on witness accounts, 911 calls, photographs, medical records, and body-worn camera footage. Witness memory can be inconsistent, injuries can have other explanations, and a complainant’s account can change over time. A defense review examines whether the evidence was lawfully gathered and whether any of it should be challenged or suppressed under the rules of evidence and constitutional protections against unlawful searches and seizures.

Forrest Good reviews the charging documents, the discovery the State produces, and the circumstances of the arrest in each matter to identify the issues that the facts and the law present.

Collateral consequences of an assault conviction

The sentence a court imposes is only part of what is at stake in an assault case. A conviction, and in some situations a deferred-adjudication plea, can carry consequences that reach well beyond the courtroom.

Family-violence cases carry particular weight. When a court determines that an offense under Title 5 of the Penal Code involved family violence, the court must enter an affirmative finding of family violence in the judgment.17 That finding has lasting effects. A later family-violence assault can be charged as a felony based on the prior, and the finding can affect firearm rights. Texas law restricts firearm possession for a period after a family-violence conviction,18 and federal law imposes a separate and broader firearm prohibition for a misdemeanor crime of domestic violence.19

An assault conviction can also appear on background checks and affect employment, housing, and professional licensing. For a person who is not a United States citizen, an assault charge or conviction can carry immigration consequences. Anyone with immigration concerns should consult an immigration attorney, because those consequences are governed by federal immigration law and turn on the specific disposition of the case.

What to do if you are charged with assault in San Antonio

A person who has been arrested or charged with assault in San Antonio or elsewhere in Bexar County can take a few practical steps. Each person’s situation is different, and the following is general information.

It is generally wise to exercise the right to remain silent and to avoid discussing the incident with police, with the complainant, or on social media, because statements can be used as evidence. If a court has imposed a no-contact order or other bond condition, following it precisely matters, since a violation can lead to additional charges or a revoked bond. Preserving information that may be relevant, such as messages, photographs, names of witnesses, and a written account of what happened while memory is fresh, can also help a later review.

A person charged with assault has the right to be represented by an attorney. Forrest Good PLLC represents people charged with assault and related offenses in San Antonio and Bexar County. To discuss a specific situation, a person can contact the firm to arrange a consultation.

Frequently asked questions

Is assault always a misdemeanor in Texas?

No. Assault is graded across a wide range. An assault by threat or offensive contact is generally a Class C misdemeanor, and an assault causing bodily injury is generally a Class A misdemeanor. Assault becomes a felony in several situations, including family-violence assault with a prior conviction, strangulation, assault on certain protected persons, and aggravated assault involving serious bodily injury or a deadly weapon.

What is the difference between assault and aggravated assault?

Aggravated assault under Section 22.02 of the Penal Code is an assault in which the person causes serious bodily injury to another or uses or exhibits a deadly weapon during the assault. Serious bodily injury and the involvement of a deadly weapon are what separate aggravated assault from a basic assault. Aggravated assault is a felony.

What does a family-violence finding mean?

When a court determines that an offense involved family violence, it enters an affirmative finding of family violence in the judgment. That finding can make a later family-violence offense chargeable as a felony and can affect firearm rights under both Texas and federal law. It is a significant and lasting consequence of a family-violence case.

Can an assault charge be based on a threat with no injury?

Yes. Texas defines assault to include intentionally or knowingly threatening another person with imminent bodily injury, and intentionally or knowingly causing contact the actor knows the other person will regard as offensive or provocative. A charge does not require a visible injury.

Which court will hear an assault case in Bexar County?

Misdemeanor assault cases in Bexar County are heard in the statutory county criminal courts. Felony assault cases are heard in the Bexar County criminal district courts. After arrest, a person first appears before a magistrate, who addresses the accusation and bond.

Is self-defense available in an assault case?

Texas law recognizes self-defense. Under Section 9.31 of the Penal Code, a person is justified in using force against another when and to the degree the person reasonably believes the force is immediately necessary to protect against the other’s use or attempted use of unlawful force. Whether it applies depends on the specific facts.

Other practice areas

Learn more

References

  1. Texas Penal Code § 22.01 (Assault), Texas Constitution and Statutes / Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_22.01
  2. Texas Penal Code § 1.07 (Definitions of “bodily injury,” “serious bodily injury,” and “deadly weapon”), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_1.07
  3. Texas Penal Code § 22.02 (Aggravated Assault), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_22.02
  4. Texas Penal Code § 12.23 (Class C Misdemeanor punishment, fine not to exceed $500), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.23
  5. Texas Penal Code § 12.22 (Class B Misdemeanor punishment, up to 180 days and fine not to exceed $2,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.22
  6. Texas Penal Code § 12.21 (Class A Misdemeanor punishment, up to one year and fine not to exceed $4,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.21
  7. Texas Penal Code § 12.35 (State Jail Felony punishment, 180 days to two years and fine not to exceed $10,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.35
  8. Texas Penal Code § 12.34 (Third-Degree Felony punishment, two to 10 years and fine not to exceed $10,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.34
  9. Texas Penal Code § 12.33 (Second-Degree Felony punishment, two to 20 years and fine not to exceed $10,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.33
  10. Texas Penal Code § 12.32 (First-Degree Felony punishment, five to 99 years or life and fine not to exceed $10,000), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_12.32
  11. Texas Code of Criminal Procedure Article 15.17 (Duties of Arresting Officer and Magistrate; appearance before a magistrate not later than 48 hours; required warnings), FindLaw. https://codes.findlaw.com/tx/code-of-criminal-procedure/crim-ptx-crim-pro-art-15-17/
  12. Texas Judicial Branch, About Texas Courts: Trial Courts (district court jurisdiction over felonies; county court jurisdiction over Class A and Class B misdemeanors; justice and municipal court jurisdiction over Class C misdemeanors). https://www.txcourts.gov/about-texas-courts/trial-courts/
  13. Bexar County, County Court Administration (statutory county criminal courts; misdemeanor punishment up to a $4,000 fine or one year in jail). https://www.bexar.org/3427/County-Court-Administration
  14. Bexar County, Criminal District Courts (criminal district courts handling felony matters). https://www.bexar.org/1902/Criminal-District-Courts
  15. Texas Constitution, Article I, Section 10 (Rights of Accused in Criminal Prosecutions; indictment of a grand jury required for felony offenses), Justia. https://law.justia.com/constitution/texas/sections/cn000100-001000.html
  16. Texas Penal Code § 9.31 (Self-Defense), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_9.31
  17. Texas Code of Criminal Procedure Article 42.013 (Finding of Family Violence; affirmative finding entered in the judgment), Texas Public Law. https://texas.public.law/statutes/tex._code_of_crim._proc._article_42.013
  18. Texas Penal Code § 46.04 (Unlawful Possession of Firearm; restriction following a family-violence conviction), Texas Public Law. https://texas.public.law/statutes/tex._penal_code_section_46.04
  19. 18 U.S.C. § 922(g)(9) (federal firearm prohibition for a misdemeanor crime of domestic violence), United States Code, Office of the Law Revision Counsel. https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title18-section922&num=0&edition=prelim