What Is Class C Assault in Texas? (Municipal and JP Court Cases)

What Exactly Is Class C Assault Under Texas Law?

Under Texas Penal Code § 22.01(a)(2)–(3), a person commits Class C misdemeanor assault if they either:

1. Intentionally or knowingly threaten another person with imminent bodily injury, or
2. Intentionally or knowingly cause physical contact with another that is offensive or provocative.

Unlike higher-level assault charges, Class C Assault does not involve bodily injury. That’s what makes it the lowest level criminal assault in Texas.

But make no mistake — just because it's "Class C" doesn’t mean it’s harmless. A conviction still creates a permanent criminal record and legal consequences.

What Types of Behavior Fall Under Class C Assault?

Many people are surprised to learn how low the threshold is for a Class C Assault charge. Examples include:

• Shouting in someone’s face with a threat to hit them
• Slapping someone’s hat off in an argument
• Shoving during a verbal dispute
• Poking someone in the chest aggressively
• Touching someone’s arm or shoulder during an argument when they didn’t want to be touched

Even though no one is hurt, the law allows prosecution when the contact is offensive or the threat is real enough to cause fear of harm.

What Are the Penalties for Class C Assault in Texas?

A Class C misdemeanor is punishable by:

• Fine up to $500
• No jail time

But the bigger consequences often come from the criminal record itself. Many employers, landlords, and professional licensing agencies consider assault convictions a red flag, even at the Class C level.

That’s why you should never face this charge without a skilled attorney near you who knows how to fight it or get it dismissed.

Where Are Class C Assault Cases Handled in Texas?

Unlike felony or Class A/B misdemeanors, Class C Assault cases are handled in lower-level courts:

Municipal Courts

• Handle Class C assaults filed by city police departments
• Most common in larger cities like Houston Municipal Court or Galveston Municipal Court

Justice of the Peace (JP) Courts

• Handle Class C assaults filed by county law enforcement or constables
• Common in unincorporated areas or rural jurisdictions

These courts don’t hold jury trials with 12 people — JP and municipal courts have 6-person juries, and most cases resolve before trial.

Even though these courts handle “minor” offenses, the impact of a conviction is still major — especially when it’s your reputation or career on the line.

Can a Class C Assault Be Upgraded to a Higher Charge?

Yes — and this is where people often get blindsided.

A Class C Assault can be enhanced to a Class A or even a felony if:

• The incident involved a family member or romantic partner (Assault–Family Violence)
• The accused has prior assault convictions
• The contact is coupled with bodily injury
• A deadly weapon is introduced

In these cases, prosecutors in Harris County or Galveston County may refile the case in County Court or District Court with much stiffer penalties.

So even if the charge starts as a Class C, it can easily escalate. That’s why your first step should be to consult a lawyer near you immediately.

What Is the Legal Process in Class C Assault Cases?

Here’s a typical sequence in municipal or JP court Class C cases:

1. Citation or Arrest

You may receive a citation (ticket) or be briefly detained and released. But don’t assume it’s just a warning — this is still a criminal charge.

2. Court Appearance

You’ll be required to appear in JP or municipal court, often weeks later. You can hire an attorney near you to appear on your behalf in many cases.

3. Pre-Trial Options

A good lawyer near you may negotiate:

• Dismissal for lack of evidence
• Deferred disposition (probation without a conviction)
• Pretrial diversion
• Class C reduction with expunction eligibility

4. Trial

If no agreement is reached, you can go to trial. These are often bench trials or 6-person jury trials, and the prosecution must prove intent and context beyond a reasonable doubt.

Can a Class C Assault Be Dismissed or Expunged?

Yes — with the right strategy and legal help.

A dismissal, deferred disposition, or not guilty verdict opens the door for expunction, which erases the charge from your record completely.

But expunction is not automatic. You’ll need to file a formal petition in civil court, and it’s best handled by an experienced attorney near you.

What Are Common Defenses to Class C Assault?

No intent

The law requires intent to offend or threaten. Accidental contact is not assault.

Lack of credible evidence

No video, no witness, no injury — a strong lawyer near you can push for dismissal.

Mutual combat or provocation

If both parties participated equally, it may reduce the charge or support dismissal.

False allegations

This is especially common in heated personal conflicts. A solid cross-examination strategy is key.

Why You Need a Skilled Attorney Near You for Class C Assault

It’s easy to underestimate a Class C Assault — no jail time, just a fine, right? But the real danger lies in the criminal record and how easily this charge can escalate.

An experienced attorney near you can challenge the evidence, negotiate better outcomes, and pursue expunction.

At Walker Law Office, we know how these cases play out in Houston Municipal Court, Galveston JP Courts, and throughout Texas. We’ve helped hundreds of clients avoid convictions, clear their records, and move forward with confidence.

Call Walker Law Office now at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to protect your name and your future.

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