In Texas, the difference between simple assault and aggravated assault lies in the severity of harm caused and whether a weapon was involved.
Simple assault typically involves minor injuries or threats, while aggravated assault includes serious bodily harm or the use of a deadly weapon, leading to much harsher penalties.
An assault charge can have severe consequences, including jail time, hefty fines, and a permanent criminal record that affects your future employment and personal life. If you don’t act quickly, you could face felony charges that carry years in prison—even if the incident was a misunderstanding.
What is Simple Assault?
Under Texas Penal Code § 22.01, a person commits simple assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person.
- Intentionally or knowingly threaten another with imminent bodily injury.
- Intentionally or knowingly make offensive or provocative physical contact with another person.
Unlike aggravated assault, simple assault does not involve serious bodily injury or the use of a deadly weapon.
Examples of Simple Assault
Simple assault can take various forms, including:
- Verbal threats of physical harm (e.g., “I’m going to hit you!”)
- Pushing, slapping, or shoving someone in an argument
- Throwing an object at another person without causing serious injury
- Spitting on someone, as it is considered offensive physical contact
Penalties for Simple Assault
The severity of penalties for simple assault depends on the circumstances and the victim involved. Texas classifies simple assault as a misdemeanor, with the following potential charges:
- Class C Misdemeanor: Assault with no bodily injury (e.g., threats or offensive contact). Penalty: Fine up to $500
- Class B Misdemeanor: Assault against a sports official or referee. Penalty: Up to 180 days in jail and a fine of up to $2,000
- Class A Misdemeanor: Assault causing bodily injury (e.g., pushing someone and leaving a bruise). Penalty: Up to 1 year in jail and a fine of up to $4,000
Enhanced Penalties
The charges can escalate if the victim belongs to a protected group, such as a public servant, emergency personnel, or a family member. In these cases, the offense may be upgraded to a felony with more severe consequences.
If you are facing simple assault charges, taking action now is vital to protect your rights and avoid harsh penalties.
What is Aggravated Assault?
Under Texas Penal Code § 22.02, aggravated assault occurs when a person:
- Causes serious bodily injury to another person, or
- Uses or exhibits a deadly weapon during the commission of an assault.
Unlike simple assault, aggravated assault is a felony offense in Texas, carrying severe legal consequences.
Key Factors That Elevate Assault to Aggravated Assault
Several factors can escalate a simple assault charge to aggravated assault, including:
- Use of a Deadly Weapon: A firearm, knife, bat, vehicle, or any object capable of causing death or serious injury can be considered a deadly weapon.
- Serious Bodily Injury: Injuries that result in disfigurement, loss of function, broken bones, or life-threatening harm qualify as serious bodily injury.
- Victim Status: Assaulting a public servant, law enforcement officer, family member, child, elderly person, or disabled individual can result in harsher penalties.
Examples of Aggravated Assault
- Shooting or stabbing someone in a fight
- Using a vehicle to intentionally hit another person
- Beating someone severely, causing fractures or internal injuries
- Threatening someone with a firearm, even if no shots are fired
- Choking a romantic partner or family member, which can be charged as domestic aggravated assault
Penalties for Aggravated Assault
Aggravated assault is always a felony in Texas, with penalties depending on the circumstances of the crime:
- Second-Degree Felony (Standard Aggravated Assault)- Penalty: 2 to 20 years in prison and fines up to $10,000
- First-Degree Felony (Aggravated Assault with Certain Factors) – Penalty: 5 years to life in prison and fines up to $10,000
Common Factors:
- The victim was a public servant, security officer, or witness
- The assault was part of a domestic violence case
- The attack was gang-related
Facing Aggravated Assault Charges? Get Legal Help Now
Aggravated assault charges can lead to decades in prison and a permanent criminal record. The sooner you have our experienced defense attorney on your side, the better your chances of reducing or dismissing the charges.
Side-by-Side Comparison: Simple vs. Aggravated Assault
| Factor | Simple Assault | Aggravated Assault |
| Definition | Intentionally, knowingly, or recklessly causing bodily injury, threatening harm, or offensive physical contact. | Assault that results in serious bodily injury or involves the use of a deadly weapon. |
| Intent | Can be intentional, knowing, or reckless; no intent to cause serious harm is required. | Typically involves intent or recklessness to cause significant harm or use a weapon. |
| Physical Contact Required? | No (threats alone can qualify as assault). | No (brandishing a deadly weapon can be enough). |
| Use of a Weapon? | No weapon involved. | Use or display of a deadly weapon (e.g., firearm, knife, bat, or vehicle). |
| Injury Severity | Minor or no physical injury required. | Serious bodily injury (e.g., broken bones, disfigurement, long-term impairment). |
| Examples | – Threatening to punch someone. – Shoving, slapping, or spitting on someone. – Swinging a fist but missing. | – Stabbing or shooting someone. – Hitting someone with a baseball bat. – Choking someone to unconsciousness. |
| Penalties | – Class C Misdemeanor: Fine up to $500 (if no bodily injury). – Class A Misdemeanor: Up to 1 year in jail, $4,000 fine (if bodily injury occurs). | – Second-Degree Felony: 2-20 years in prison, up to $10,000 fine. – First-Degree Felony (if against a public servant or family member): 5-99 years in prison, up to $10,000 fine. |
| Legal Defenses | – Self-defense. – Lack of intent. – False accusation. – No credible threat perceived. | – Self-defense. – No intent to cause serious harm. – The weapon was not capable of harm. – Mistaken identity. |
Legal Defenses Against Assault Charges in Texas
Being charged with simple or aggravated assault in Texas is a serious matter, but a strong legal defense can significantly impact the outcome of your case. Depending on the circumstances, several key defenses may apply to reduce or dismiss the charges against you.
1. Self-Defense – You Acted to Protect Yourself from Harm
Texas law recognizes self-defense as a valid legal defense if you used reasonable force to protect yourself from an imminent threat of harm. To successfully claim self-defense, you must show:
- You reasonably believed you were in danger of bodily injury or death.
- The force used was proportional to the threat.
- You did not provoke the other party.
Example Case:
A man was confronted by an aggressive individual in a parking lot. When the attacker threw the first punch, the man fought back, causing minor injuries. His attorney successfully argued self-defense, leading to the charges being dropped.
2. Lack of Intent – The Alleged Assault Was an Accident
For an assault charge to hold, the prosecution must prove intent. If the incident was purely accidental, no crime occurred.
Example Case:
At a crowded bar, a woman accidentally bumped into another patron, causing them to spill their drink. The patron accused her of shoving them intentionally, leading to an assault charge. However, security footage showed it was a misunderstanding, and the case was dismissed.
3. False Accusations – Mistaken Identity or False Reporting
False allegations are more common than people think, especially in heated disputes or domestic conflicts. In some cases, a person may:
- Falsely accuse someone out of revenge or anger.
- Misidentify the true perpetrator.
- Exaggerate the situation to gain legal leverage (e.g., child custody battles).
Example Case:
A man was arrested after his ex-girlfriend claimed he had threatened her and shoved her. However, text messages and witness testimony revealed she had fabricated the claim during a custody dispute. The case was dismissed, and he was cleared of all charges.
4. Insufficient Evidence – Prosecutors Lack Proof of Intent or Harm
To convict someone of assault, the prosecution must provide strong evidence proving:
- The defendant intended to cause harm.
- The victim suffered actual bodily injury.
If the prosecution relies solely on hearsay, weak testimony, or conflicting evidence, our skilled defense attorney will argue for a dismissal due to lack of proof.
Example Case:
A man was accused of assaulting a neighbor during an argument. However, there were no injuries, no witnesses, and no security footage. His attorney successfully argued that there was no concrete evidence, leading to the case being dropped.
5. Defending Others – You Intervened to Protect Another Person
Under Texas law, you have the right to use force to defend someone else from an imminent threat—similar to self-defense. However, the same principles apply:
- The threat must be real and immediate.
- The force used must be proportional to the attack.
Example Case:
A father witnessed a man aggressively grabbing a woman in a parking lot. Fearing for her safety, he stepped in and pushed the attacker away. Although he was initially charged with assault, the court ruled his actions were justified under the defense of others.
Additional reading: Aggravated Domestic Assault
For further guidance on how the difference between assault and aggravated assault applies to your case, reach out to us today
What to Do If You’re Charged with Assault in Texas
Being charged with assault in Texas can be overwhelming, but the actions you take immediately after your arrest can greatly impact the outcome of your case. Here’s what you need to do to protect your rights and build the strongest possible defense.
1. Stay Silent – Do Not Talk to the Police Without a Lawyer
One of the biggest mistakes people make is talking to the police in an attempt to explain the situation. Anything you say can and will be used against you, even if you believe you are innocent.
What to Do:
- Politely tell law enforcement, “I wish to remain silent and speak with my attorney.”
- Do not answer any questions or make any statements without a lawyer present.
- Avoid discussing your case with anyone, including family or friends, until you’ve spoken with your attorney.
How This Helps Your Case:
- Prevents self-incrimination or accidental contradictions.
- Stops law enforcement from twisting your words to strengthen their case.
- Ensures that your lawyer can build a strategic defense without unnecessary complications.
2. Call our Experienced Texas Assault Lawyer Immediately
After an arrest, securing legal representation as soon as possible is vital. Our skilled assault defense attorney will challenge the charges, protect your rights, and work toward a dismissal or reduced penalties.
What to Do:
- Call our criminal defense lawyer who specializes in Texas assault cases.
- Provide your attorney with only the facts—do not speculate or exaggerate.
- Follow their legal advice carefully to avoid mistakes that could hurt your case.
How This Helps Your Case:
- Our lawyer will review evidence, interview witnesses, and challenge weak prosecution claims.
- They can negotiate with the prosecutor to reduce charges or get them dismissed.
- If the case goes to trial, they will fight for the best possible outcome.
3. Document Everything – Gather Evidence That Supports Your Defense
If possible, start gathering any evidence that may help your case. This can include:
- Witness names and contact information who can testify in your favor.
- Photos or videos of the scene, injuries (or lack thereof), and any relevant details.
- Text messages, emails, or call logs that show your side of the story.
What to Do:
- Write down everything you remember about the incident, including dates, times, and any conversations.
- If the alleged assault was a misunderstanding, gather proof that supports your version of events.
- Avoid posting anything on social media, as it can be used against you in court.
How This Helps Your Case:
- Creates a clear timeline to challenge false accusations.
- Helps your attorney prove a lack of intent or a wrongful charge.
- Can show that the alleged victim’s story is inconsistent or exaggerated.
Additional reading: Domestic Assault
How Our Law Firm Helps with Texas Assault Cases
At the Law Offices of Richard C. McConathy, we have successfully defended countless clients facing both simple and aggravated assault charges in Texas.
How We Defend You:
- Investigate the circumstances of your arrest and challenge any unlawful police actions.
- Uncover weaknesses in the prosecution’s case, such as lack of intent, false accusations, or self-defense claims.
- Fight to dismiss the charges or reduce penalties, keeping you out of jail and protecting your future.
With extensive experience in Dallas, Fort Worth, and surrounding areas, we understand how local prosecutors operate—and we use that knowledge to your advantage.
Our Dallas and Fort Worth Assault Lawyers Are Here to Help!
If you or a loved one has been charged with assault in Texas, do not wait to take action. The sooner you have legal representation, the better your chances of achieving a favorable outcome.
- Call us today at (972) 233-5700 for a free consultation
- Email us at info@mcconathylaw.com
Your future is too important to leave to chance—let us fight for you.
Key Takeaways: Simple vs. Aggravated Assault in Texas
- The difference between simple assault and aggravated assault lies in severity—simple assault involves minor harm or threats, while aggravated assault includes serious bodily injury or the use of a deadly weapon.
- Penalties vary—simple assault is a misdemeanor with fines and up to one year in jail, while aggravated assault is a felony with potential prison sentences of 5+ years.
- Common defenses include self-defense, lack of intent, false accusations, and insufficient evidence.
- An assault conviction can have long-term consequences, impacting employment, housing, and legal rights.
- If you’re facing an assault charge in Texas, don’t wait—contact our experienced criminal defense attorney today.
FAQs: Assault and Aggravated Assault in Texas
What qualifies as aggravated assault in Texas?
Aggravated assault in Texas involves causing serious bodily injury to another person or using a deadly weapon during an assault. This offense is treated as a felony and carries severe penalties, including years in prison, depending on the circumstances.
Is pushing someone assault in Texas?
Pushing someone can be considered simple assault if it results in bodily injury or if the contact is deemed offensive or provocative. Even if no injury occurs, the act can still lead to criminal charges, especially if the victim is a public servant, an elderly person, or a family member.
Can you go to jail for simple assault in Texas?
Yes, a conviction for simple assault can result in jail time. While some cases result in fines only, more serious instances, such as those involving bodily injury, can lead to misdemeanor or even felony charges with potential jail sentences. The severity of the punishment depends on the details of the case and the victim involved.
How do I fight an aggravated assault charge?
Fighting an aggravated assault charge requires a strong legal defense. Common strategies include proving self-defense, lack of intent, false accusations, or insufficient evidence. Our skilled criminal defense attorney can analyze the case, challenge the prosecution’s claims, and work to reduce or dismiss the charges. If you are facing an assault charge in Texas, securing legal representation as soon as possible is vital.