How Assault Charges Are Classified by Texas Courts

Why Do Assault Classifications Matter?

In Texas, not all assault charges are the same. The severity of the offense, the status of the victim, and the type of conduct determine how a charge is classified, which directly impacts penalties, court procedures, and long-term consequences.

Whether you're facing a Class C citation in Municipal Court or a First-Degree Felony in District Court, understanding how assault charges are classified by Texas courts is critical — and can make the difference between a clean record and a life-altering conviction.

Let’s break down each classification and how it works in Texas legal proceedings, especially in Harris County, Fort Bend County, and surrounding areas.

How Texas Penal Code § 22.01 Defines Assault

Texas law categorizes assault under three main statutory elements:

1. Causing bodily injury to another person (including a spouse) – § 22.01(a)(1)
2. Threatening another with imminent bodily injury – § 22.01(a)(2)
3. Causing physical contact the offender knows is offensive or provocative – § 22.01(a)(3)

These behaviors are classified into misdemeanors or felonies, depending on additional facts like injury severity, relationship to the victim, and use of a weapon.

Class C Misdemeanor Assault

Definition:

• Threats of harm or offensive contact with no bodily injury

Examples:

• Verbal threats during a dispute
• Shoving or poking without injury
• Bar arguments or neighborhood altercations

Court Jurisdiction:

• Municipal Court or Justice of the Peace Court (JP)

Penalties:

• Fine up to $500
• No jail time, but creates a criminal record

Many people assume Class C is “just a ticket,” but it’s still a criminal offense. That’s why you should always consult an attorney near you even for low-level citations.

Class A Misdemeanor Assault

Definition:

• Causing bodily injury without aggravating factors

Examples:

• Slapping, punching, or pushing that causes pain or bruising
• Physical altercations between co-workers or strangers
• First-time Assault – Family Violence

Court Jurisdiction:

• County Criminal Courts (e.g., Harris County Criminal Court at Law)

Penalties:

• Up to 1 year in jail
• Up to $4,000 fine
• Possible probation or deferred adjudication

Even minor injuries like soreness or a bruise qualify as bodily injury under Tex. Penal Code § 1.07(a)(8). That’s why you should have a lawyer near you challenge the evidence early in the process.

Class B Misdemeanor (Rare in Assault Context)

While Class B misdemeanors are uncommon in assault cases, they may apply in situations involving assault on a sports official or certain threats under special statutes.

Third-Degree Felony Assault

Definition:

• Assault that involves family violence with a prior conviction, or
• Assault against a public servant, security officer, or emergency personnel

Court Jurisdiction:

• District Court (e.g., Harris County District Court, Fort Bend County 240th District Court)

Penalties:

• 2 to 10 years in prison
• Up to $10,000 fine

Examples:

• Repeated family violence
• Injuring a police officer during arrest
• Assault on a pregnant woman with intent

These charges have life-altering consequences — including firearm bans and future enhancements. A skilled attorney near you can push to downgrade or dismiss these charges.

Second-Degree Felony Assault – Aggravated Assault

Definition:

• Causing serious bodily injury, or
• Using/exhibiting a deadly weapon during an assault

Court Jurisdiction:

• District Court

Penalties:

• 2 to 20 years in prison
• Up to $10,000 fine

Examples:

• Stabbing, shooting, or beating causing broken bones
• Threatening someone with a firearm
• Road rage incidents with a weapon

Under Texas Penal Code § 22.02, aggravated assault is among the most serious non-homicide charges. Your lawyer near you must act fast to secure favorable bond terms and begin challenging the evidence.

First-Degree Felony Assault

Definition:

• Aggravated Assault with a deadly weapon against a family member, public servant, or committed in retaliation

Penalties:

• 5 to 99 years or life in prison
• $10,000 fine

These cases often start with a domestic call and escalate quickly. A top-tier criminal defense attorney near you is essential from the moment of arrest.

How Texas Courts Handle Assault Cases by Classification

ClassificationCourt TypeJudge PanelTrial TypeClass C MisdemeanorMunicipal or JP CourtSingle JudgeBench or 6-person juryClass A/B MisdemeanorCounty Criminal CourtSingle JudgeBench or 6-person juryFelony AssaultDistrict CourtDistrict JudgeBench or 12-person jury

Understanding court structure is crucial for defense strategy. For example, a Class A Family Violence case in Fort Bend County Court at Law #2 will have vastly different procedures than a felony assault with a deadly weapon in Harris County’s 228th District Court.

Can Assault Charges Be Reclassified?

Yes. Prosecutors can upgrade or downgrade charges based on:

• Victim’s injury severity
• New evidence (e.g., medical reports or video footage)
• Victim’s relationship to the accused
• Prior convictions
• Use of weapons

That’s why you should never assume your case won’t escalate. You need a lawyer near you ready to negotiate early, challenge enhancements, or push for dismissals.

Why You Need an Experienced Attorney Near You

Assault charges are fluid and fact-specific, and their classification affects everything — from court jurisdiction and bond amounts to sentencing ranges and expunction eligibility.

Whether you're in JP Court for a Class C citation or facing felony indictment, your attorney near you must understand local procedures, judges, and prosecutors in Harris County, Fort Bend County, and beyond.

At Walker Law Office, we’ve defended hundreds of clients facing everything from minor offensive contact charges to first-degree felony aggravated assault. We know what matters in local courts and how to protect your record and future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ for a free case evaluation with a lawyer near you.

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