Assault Sentencing and Penalties in Texas

If you or someone you know has been charged with assault in Texas, it’s critical to understand the sentencing process, available options, and long-term consequences. Whether the charge is a misdemeanor or a felony, Texas courts impose strict penalties — but those penalties vary depending on the nature of the offense, criminal history, and local practices.

In this post, we’ll walk you through the entire sentencing landscape for assault charges, from the least serious Class C citations to prison time for felony aggravated assault. We’ll also highlight the differences across counties like Harris, Galveston, and Brazoria, and explain key sentencing alternatives such as deferred adjudication, probation, and parole.

Let’s start with the basics.

What Does Texas Law Say About Assault?

Under Texas Penal Code § 22.01, assault includes:

• Causing bodily injury to another (even minor pain or bruising),
• Threatening someone with imminent bodily injury, or
• Making offensive or provocative physical contact.

Assault charges can be misdemeanors or felonies, and the severity of the punishment depends on:

• The nature of the conduct,
• Who the alleged victim is,
• Whether a weapon was involved,
• The defendant’s criminal history, and
• The county’s prosecutorial policies.

Misdemeanor Assault Sentencing: Class C and Class A

Let’s begin with the least serious charges. According to Penalties for Misdemeanor Assault (Class C and A).

Class C Misdemeanor Assault

• Definition: Verbal threats or offensive contact (e.g., poking or shoving with no injury).
• Punishment: Fine up to $500.
• Jail time? No, but it still results in a criminal record unless dismissed or expunged.

Class A Misdemeanor Assault

• Definition: Causing bodily injury (e.g., slap, punch, bruise) to someone.
• Punishment: Up to 1 year in county jail and a $4,000 fine.
• Court: County Criminal Court.
• Enhancements: If the assault involves family violence, penalties are more severe, including lifetime federal firearm bans.

Felony Assault and Aggravated Assault Sentencing

For more serious assaults — including use of a weapon or serious bodily injury — the law imposes felony penalties. As discussed in Sentencing Guidelines for Felony Assault and Aggravated Assault.

Third-Degree Felony

• Examples: Assault on a public servant, security guard, pregnant woman, or a family member with a prior conviction.
• Penalty: 2–10 years in prison, up to $10,000 fine.

Second-Degree Felony (Aggravated Assault)

• Examples: Causing serious bodily injury or using/exhibiting a deadly weapon.
• Penalty: 2–20 years in prison, up to $10,000 fine.

First-Degree Felony

• Examples: Aggravated assault involving family members, public servants, or committed in retaliation.
• Penalty: 5–99 years or life in prison.

Probation vs. Jail Time for Assault Charges

What alternatives exist to incarceration? In Probation vs. Jail Time for Assault Charges in Texas, we explain that:

• Probation (Community Supervision) allows you to avoid jail if the court agrees. You must follow rules such as:
  • Reporting to a probation officer,
  • Completing anger management or counseling,
  • Avoiding further legal trouble.
• However, not all assault charges are probation-eligible, especially aggravated assaults or repeat offenses.

Repeat Offenders and Sentence Enhancements

As discussed in Enhanced Penalties for Repeat Assault or Family Violence Offenders, repeat offenders face sharply increased penalties.

Prior Family Violence Convictions

• A Class A Assault – Family Violence becomes a third-degree felony.

Prior Felonies + New Felony

• Under Tex. Penal Code § 12.42, sentencing can be enhanced to 25 to life if the defendant has two or more prior felony convictions.

First-Time Offenders: Can You Avoid Jail?

Many first-time offenders ask, “Will I go to jail if this is my first offense?”

In Can You Avoid Jail for a First-Time Assault Charge?, we explain that:

• Class C cases can often be dismissed, diverted, or resolved with a fine.
• Class A misdemeanors may be eligible for pretrial diversion or deferred adjudication.
• Even some felonies can result in probation or reduction if the case is weak.

Each case is fact-specific, and having a local attorney near you makes all the difference.

Deferred Adjudication: What It Means and Why It Matters

According to Deferred Adjudication for Assault Cases: What It Means, this sentencing option lets you avoid a conviction if you successfully complete probation.

Benefits:

• No final conviction.
• Eligible for record sealing (nondisclosure) — but only for non-family violence cases.

Risks:

• If you violate probation, you’re sentenced without a trial.
• Family violence deferred adjudications can’t be sealed.

How an Assault Conviction Affects Your Criminal Record

Even if the sentence is minimal, a conviction has long-lasting effects. In How an Assault Conviction Affects Your Criminal Record, we explain the consequences:

• Permanent criminal record, visible on background checks.
• Firearm bans (especially for domestic assault).
• Child custody issues in family court.
• Loss of licenses for teachers, healthcare workers, law enforcement, etc.
• Immigration consequences, including deportation or denial of citizenship.

That’s why every case should be fought strategically from the start.

Restitution Orders in Assault Cases

Texas courts often require convicted defendants to pay restitution to the victim.

As outlined in Restitution Orders in Assault Cases: Financial Consequences, this may include:

• Medical bills,
• Counseling expenses,
• Property damage,
• Lost income.

Restitution is separate from fines and court costs — and it is not dischargeable in bankruptcy.

Parole After Felony Assault Convictions in Texas

In Parole After Felony Assault Convictions in Texas, we cover:

• Eligibility: Typically after serving ¼ to ½ of sentence (depending on crime).
• Conditions: Drug testing, GPS monitoring, employment, and non-contact with the victim.
• Violations: Can result in revocation and full prison term.

Note: Aggravated Assault is considered a 3g offense (Tex. Code Crim. Proc. Art. 42A.054), meaning no parole eligibility until 50% of the sentence is served — and no probation in most cases.

County-by-County Sentencing Practices in Texas

In County-by-County Sentencing Practices: Harris, Galveston, Brazoria, we examined how location impacts your sentence:

Harris County

• Focuses on pretrial diversion for Class C/A cases.
• Aggressive prosecution of felony domestic violence and weapons cases.
• Grand jury reductions are common, but trials are frequent.

Galveston County

• Conservative courts.
• Judges often favor jail time or strict probation for even minor injuries.
• Family violence and police victim cases are escalated quickly.

Brazoria County

• Known for strict sentencing in family-related assault.
• DA rarely offers deferred adjudication for second offenses.
• Strong preference for plea deals or bench trials in District Court.

This is why it’s critical to work with an attorney near you who knows your county’s judicial culture.

Summary: Sentencing Is Just the Beginning

An assault conviction — even a low-level one — can affect every part of your life. Whether you're facing a Class C citation or a felony indictment, understanding Texas sentencing rules and negotiating wisely are key to protecting your record and future.

If you’re eligible for alternatives like deferred adjudication, probation, or pretrial diversion, don’t delay in pursuing them. And if you’re facing prison time, your attorney needs to begin challenging enhancements, statements, and evidence immediately.

Call to Action: Speak with a Texas Assault Defense Attorney Today

At Walker Law Office, we’ve helped clients across Harris, Galveston, and Brazoria Counties avoid convictions, challenge felony enhancements, and pursue second chances through diversion and record clearing.

Don't gamble with your freedom or your future. Whether it’s your first arrest or a repeat accusation, our team is ready to fight for you.

Call (713) 228-2611 or visit https://www.walkerlawhouston.com/contact for a free consultation with a criminal defense attorney near you.

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