What You Should Know About Assault Charges in Texas

 Posted on April 28, 2025 in Assault

What starts as a quick scuffle can end with you in handcuffs and charged with a serious crime. Assault is strictly prosecuted in Texas, and depending on the specifics of your case, you could be sentenced to years in prison. A Texas criminal defense attorney can advise you of your rights if you have been charged with assault and help you build a strong defense.

Working with a skilled legal professional is immensely helpful for fighting a criminal charge. At Law Offices of Biederman & Burleson P.L.L.C., we are up-to-date on all laws surrounding assault in Texas. We can explore all possible defenses to help protect your rights.

Is Battery a Crime in Texas?

Many states make a distinction between battery and assault as separate acts. Usually "assault" refers to a threat of physical violence, while "battery" often refers to the act of making unlawful contact with someone else. In Texas, the two are one and the same. Making threats of violence toward another person is already covered under the state’s definition of assault.

In other words, battery is technically a crime in Texas, but it is rolled into the definition of assault. However, it should also be noted that making a threat of bodily harm toward another person is typically only charged as a Class C misdemeanor punishable by a maximum fine of $500. On the other hand, intentionally injuring another person is a Class A misdemeanor punishable by up to a year in jail.

What Counts as Simple Assault in Texas?

In Texas, three different criminal acts can be charged as misdemeanor assault:

• Intentionally, recklessly, or knowingly injuring somebody else

• Threatening somebody else with injury

• Making "offensive or provocative" physical contact with somebody else

There are situations where acts of simple assault can be charged as felonies. For instance, intentionally injuring a public servant like a police officer carries third-degree felony charges, which are typically sentenced to two to 10 years in prison. At Law Offices of Biederman & Burleson P.L.L.C., we can represent you in negotiations with the prosecution, exploring every possible avenue to get a reduced sentence.

What Is Aggravated Assault?

The difference between assault and aggravated assault is the severity of the crime. You can be charged with aggravated assault for causing serious injury to another person or brandishing a deadly weapon during the offense. Note that "deadly weapon" does not just refer to guns. It can also refer to any other object capable of causing serious injury or death in the manner of use, like a metal baseball bat.

Aggravated assault carries felony charges on a conviction, which means you could lose your right to own a firearm for years after you have served your sentence. At Law Offices of Biederman & Burleson P.L.L.C., we can help you contest an aggravated assault charge to safeguard your rights.

Meet With a Plano, TX Assault Defense Lawyer Today

Actions that are subject to assault charges run the gamut from threats of bodily harm to inflicting serious injury. No matter what you have been charged with, our McKinney, TX criminal defense attorneys are ready to discuss your legal strategy with you. Call us at 469-333-3333 to schedule a free consultation today.