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Last Modified on May 30, 2026
If you’re facing an assault charge in Texas, it’s critical that you act quickly to start building your defense. Texas assault laws and penalties can be harsh, but fortunately, you don’t have to go up against the criminal justice system by yourself. It’s highly recommended that you hire an assault lawyer to represent you.
Even if you’re hiring a lawyer, having a basic understanding of assault laws can help, as every decision you make throughout your case can impact your outcome. At Harris & Harris Law Group, PLLC, we want you to understand what’s going on in your assault case every step of the way. When you work with attorneys Keith Harris and Kevin Harris, their knowledge about Texas assault laws and penalties is yours to share.
Texas Assault Laws and Penalties
Under Texas law, assault refers to the non-consensual act of using physical force against another party, as well as the threat thereof. You can be charged with assault for intentionally or recklessly causing bodily injury to another party or for intentionally threatening to harm someone. In some cases, you can be charged for intentionally causing physical contact that the other party could reasonably consider offensive or provocative, even if it wasn’t injurious.
To prove that someone is guilty of assault, the prosecution is obligated to prove not only that the accused engaged in acts that qualify as assault, but also that they had a culpable mental state while carrying out those actions. “Culpable mental state” means a state of mind that makes an individual criminally responsible for their actions.
Texas Penal Code Secs. 6.02 and 6.03 establish and define four categories of culpable mental state, ranked from first to last by degree of culpability:
- Intentional: The offender meant to take the offending action.
- Knowing: The offender knew that their action could reasonably be expected to cause harm.
- Reckless: The offender acted with conscious disregard for the serious risk posed by their action, with said risk meeting certain statutory thresholds.
- Criminal negligence: The offender should have been aware of a serious risk posed by their action, with said risk meeting certain statutory thresholds.
Simple assault, which is the lowest level of assault charge one can receive, can be charged in some cases as a Class A misdemeanor, which can carry a fine of up to $4,000 and/or a jail sentence of up to one year. Aggravated assault, meanwhile, is typically a felony under Texas law and can lead to years of prison time and/or very hefty fines.
Assault cases involving any level of charge should be taken seriously. A Texas assault lawyer can help you evaluate your options and develop a strategy to mitigate your charges or defend your innocence.
Texas Assault Statistics
In 2024, Texas law enforcement reported 85,452 cases of aggravated assault throughout the state, according to data from Texas’s Uniform Crime Reporting program. Aggravated assaults were by far the most common type of violent crime tracked by the Texas UCR, accounting for a little over 70% of the total violent crime rate.
Overall, violent crime rates have been trending downward in Texas in recent years, with aggravated assault rates down 4.5% in 2024 from 2023. However, assault remains a serious crime that is often prosecuted harshly.
FAQs
Can I Avoid Going to Jail for Assault in Texas?
Yes, you can avoid going to jail for assault in Texas through a strong defensive strategy. In some cases, you may be able to negotiate an alternative sentence through a plea bargain. You also could be sentenced to probation. That’s why it’s recommended that you hire an assault lawyer to help with your case.
Can Assault Charges Be Dropped in Texas?
Yes, assault charges can be dropped in Texas. It can be challenging to have your charges dropped successfully without professional legal help. The prosecution makes the call to drop charges; common reasons for doing so include insufficient evidence and other legal issues with their case against you. In some cases, your lawyer’s strategy may be strong enough to motivate the prosecutor to drop their case. A Texas assault attorney can help you form your defense.
What Is the Difference Between Assault and Battery Under Texas Law?
While some other states use “assault” and “battery” to designate two separate crimes, in Texas, crimes that are divided between these terms elsewhere are simply charged as “assault”. Outside of Texas, “assault” refers to conduct that threatens or constitutes an attempt to cause intentional and offensive physical contact, while “battery” refers to the contact itself. The terms are also used this way in Texas civil courts.
What Escalates an Assault Charge to Aggravated Assault in Texas?
An assault charge can escalate to an aggravated assault charge if the offender uses a deadly weapon or causes serious bodily injury while committing the crime. Texas Penal Code Sec. 1.017 establishes that “serious bodily injury” refers to harm to the body that is (or poses a substantial risk of being) fatal, seriously and permanently disfiguring, or chronically impairing.
Hire an Assault Lawyer in Texas
Navigating a criminal case can be complicated, especially when you’re charged with a violent crime like assault. You can expect Texas prosecutors and judges to pursue these cases aggressively, which is why it’s critical that you secure your own legal support.
Harris & Harris Law Group, PLLC, is proud to guide Texans through complex criminal charges without judgment or shame. Our head attorneys, Keith and Kevin Harris, have over four decades of combined experience in criminal law, having practiced both as prosecutors and defense attorneys. With experience on both sides of the courtroom, we’re confident we can help you through your case.
Our lawyers understand what effective representation means at every stage of the process. If you’re ready to learn more about how we can help with your case, reach out to our Dallas office today to set up a consultation. We’re located in the City Center District in Dallas, just steps away from the Harwood Center.
