Penalties for Misdemeanor Assault (Class C and A)

A Beginner’s Guide to Misdemeanor Assault Penalties in Texas

If you’ve been charged with misdemeanor assault in Texas, you’re probably asking:
“What kind of penalties am I really facing?”
“Will I go to jail?”
“Is this going to stay on my record forever?”

You’re not alone — many people believe Class C and Class A assault charges are minor, but the consequences can be surprisingly serious. Even a Class C ticket can create a permanent criminal record, and Class A charges may result in jail time, probation, or worse.

In this beginner’s guide, you’ll learn everything you need to know about Texas misdemeanor assault penalties, how the court process works, and how a skilled attorney near you can help protect your rights and your future.

What Will You Learn in This Guide?

• The difference between Class C and Class A misdemeanor assault
• Sentencing ranges, fines, probation, and criminal records
• Special rules for Assault–Family Violence
• What happens in court
• How a lawyer near you can help reduce or dismiss the charge

What Is Class C Misdemeanor Assault in Texas?

Class C Assault is the lowest level assault charge under Texas Penal Code § 22.01(a)(2)-(3). You can be charged for:

• Threatening someone with bodily harm
• Offensive or provocative physical contact

Common Examples:

• Shouting “I’m going to hit you!” during an argument
• Shoving someone in a crowd
• Poking or touching someone in a hostile way

Penalty:

• Fine up to $500
• No jail time
• Still results in a criminal charge, not a civil ticket

Court Process:

• Handled in Municipal Court or Justice of the Peace (JP) Court
• You may receive a citation or summons — not a physical arrest

Many people ignore these charges or plead guilty to “just get it over with,” but that’s a mistake. These cases create a permanent record, and if family violence is alleged, you could face enhanced penalties for future charges.

What Is Class A Misdemeanor Assault in Texas?

Class A Assault is more serious. Under Texas Penal Code § 22.01(a)(1), this charge involves:

“Intentionally, knowingly, or recklessly causing bodily injury to another.”

Common Examples:

• Punching or slapping someone during an argument
• Shoving someone hard enough to cause soreness or bruising
• A domestic dispute where one person reports minor pain or injury

Penalties:

• Up to 1 year in county jail
• Up to a $4,000 fine
• Probation or community supervision is possible

Even minor injuries like redness or soreness can result in a Class A Assault charge. Don’t assume that because the injury is small, the consequences will be too.

What About Assault – Family Violence?

If the alleged victim is a spouse, partner, roommate, or family member, the charge becomes Assault–Family Violence (AFV) — even if it’s still a Class C or Class A misdemeanor.

Why That Matters:

• You’ll receive a “family violence finding” on your record
• Federal law prohibits firearm ownership for life
• Protective orders may be issued against you
• The case cannot be sealed or expunged in most situations

Future Consequences:

• Any second offense becomes a felony, even if the second incident is also minor
• Your criminal record can impact custody, housing, and employment

Learn more in our post: Domestic Assault and Family Violence Offenses in Fort Bend County

What Happens After You’re Charged?

Class C Process:

• You receive a citation or court summons
• Appear before a JP or municipal judge
• May be eligible for deferred disposition

Class A Process:

• You may be arrested and booked into jail
• You’ll have a magistrate hearing and bond set
• The case is assigned to a County Criminal Court
• Pretrial hearings and possible plea negotiations begin

Will You Go to Jail?

It depends on the case — but many first-time offenders don’t serve jail time. Instead, your attorney near you may negotiate:

• Probation or community supervision
• Deferred adjudication
• Anger management or counseling programs

However, if you have prior offenses, if family violence is involved, or if you violated bond conditions, jail becomes more likely.

Can You Seal or Expunge a Misdemeanor Assault Charge?

Class C Charges:

• May be eligible for expunction if dismissed, not guilty, or completed deferred disposition

Class A Charges (Non-Family Violence):

• May be eligible for nondisclosure (record sealing) after completing deferred adjudication

Class A with Family Violence:

• Cannot be sealed or expunged, even if deferred

Your lawyer near you can review your eligibility and file the necessary civil motions after your case is resolved.

What If You Just Plead Guilty?

Many people assume they can just pay a fine and move on. But even for Class C assault:

• It becomes a permanent conviction
• It will show up in background checks
• It may prevent you from sealing your record later

For Class A, a guilty plea often leads to:

• Jail time, probation, and fines
• Permanent record, even with probation
• Loss of constitutional rights in family violence cases

Always consult a criminal defense attorney near you before making any decisions in court.

How a Lawyer Near You Can Help

An experienced attorney near you can:

• Fight to get your case dismissed or reduced
• Negotiate alternatives to jail time
• Seek deferred adjudication or pretrial diversion
• Help you avoid a family violence finding
• Pursue expunction or nondisclosure after your case

At Walker Law Office, we’ve helped hundreds of clients across Harris County, Fort Bend County, and Galveston County resolve misdemeanor assault charges — often without a conviction.

Final Thoughts: Don’t Take Misdemeanor Assault Charges Lightly

Even though they’re called “misdemeanors,” Class C and Class A assault charges in Texas can carry real and permanent consequences — especially if you don’t have the right legal defense.

Protect your record. Protect your rights. Protect your future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you.

‍