Simple Assault in Texas

In Texas, the act of intentionally harming, threatening or offensively touching another person can be considered simple assault. As opposed to aggravated assault, simple assault occurs when the incident does not involve a weapon, a serious injury or other compounding factors. But despite the less severe nature of the harm, threat or contact involved, simple assault is still a criminal offense as described in Texas Penal Code § 22.01.

Even if you are not convicted of simple assault, the arrest and subsequent charges will still be a part of your permanent criminal record unless they can be expunged. Eligibility for expungement requires that your charges be dismissed or acquitted first.

What Constitutes Simple Assault?

There are essentially three actions that could result in a simple assault charge:

Causing Bodily Injury: Whether through reckless behavior or intentional action, if you cause someone any injury at all, even something as small as a bruise, you could be charged.

Threatening Someone with Bodily Harm: Physical contact is not required for a physical assault charge. Even threatening someone with violence, say raising a fist or making verbal threats could suffice.

Engaging in Offensive Physical Contact: Even if you don’t cause injury, simply making unwanted contact can result in charges. Poking at someone to make a point or grabbing a wrist are two examples of contact intended to provoke or offend.

Satisfying any of these could trigger a simple assault charge, which is considered a misdemeanor under Texas law. There are three types of misdemeanors – Class A, Class B and Class C. Here we will break down the differences between each.

Class C Misdemeanor: These charges generally result from a situation where you threatened or made physical contact with someone, but no one was hurt in any way. The least severe type of misdemeanor, this conviction carries fines up to $500, plus court costs and potentially jail time.

Class B Misdemeanor: More serious than a Class C Misdemeanor, these charges come when the assault occurred under a specific set of circumstances, such as assaulting someone during an argument or confrontation. A Class B Misdemeanor conviction carries fines up to $2,000 and up to 180 days in jail.

Class A Misdemeanor: These charges can result when a simple assault, meaning without a weapon, results in tangible – but not severe – injuries. The most serious class of misdemeanors, this can result in fines up to $4,000 and up to a year in jail.

In addition to fines and jail time, a judge has quite a bit of discretion in handing out additional penalties and consequences depending on the specifics of the case. These can include community service, mandatory anger management courses or counseling, drug or alcohol treatment, probation, victim restitution, protective orders, parole or restrictions on your right to travel or to own a firearm.

It is also worth noting that all of the above describe charges where a weapon was not involved in the alleged assault and there was no serious injury. When a weapon is involved or serious injuries result from the incident, the charges can be elevated to aggravated assault. Typically charged as a felony, aggravated assault can lead to a lengthy prison sentence of several years.

Even a simple assault conviction can result in third-degree felony charges under certain circumstances, carrying fines up to $10,000 and a prison term of 2-10 years. A few of these circumstances include assaulting a public servant such as a police officer, EMT or firefighter, assault against a family member, or assault against an elderly or disabled person.

Three Classes of Misdemeanor: Example Scenarios

Now we’ll examine a few hypothetical scenarios, then walk you through what class of misdemeanor it might describe and why.

We start with the least severe type of misdemeanor, a Class C. These are generally offenses where there was physical contact, but no injury. So for example, if you are in an argument with someone and they aggressively poke at you in an attempt to provoke you, that could be a class C misdemeanor. Similarly, grabbing another person to confront them or making any kind of physical contact after being told not to could draw similar charges.

Even the threat of assault could result in Class C Misdemeanor charges. For example, threatening someone by saying that you are going to injure them, even if you don’t intend to act. While weaponry can often lead to higher charges, threatening someone with one – for example, a baseball bat or a club – could result in Class C charges.

Class B Misdemeanor charges are often brought about when simple assault is directed at someone considered to be vulnerable; generally, the elderly. If, for example, a nurse or caregiver struck one of their elderly patients out of frustration, that could be a Class B misdemeanor. Even injuries to elderly family members can result in this class of charge.

As the most severe class of misdemeanor, Class A charges are often leveled in cases where the victim was in a certain protected class. This includes pregnant women, the disabled, public servants, sports officials and family members. In addition, any type of assault that causes bodily injury, from bruises to twisted ankles, could result in Class A charges. This classification is also often used when an altercation happens in a public place, such as a bar or a concert.

The Three Mistakes Police Make in Simple Assault Cases

One of the most effective ways to defend against simple assault charges in the state of Texas is to seek out and expose potential errors made by law enforcement during the arrest. Police are people just like anyone else, and they make mistakes. Here are three that occur regularly in simple assault arrests.

Failing to Investigate Both Sides of the Story: Often, the arresting officer will make an assumption of guilt completely based on the accuser’s statements, failing to interview secondary witnesses or gather exculpatory evidence due to a bias created by the accused.

Mistaking Assault for Self-Defense: Sometimes the accused was acting in self-defense, only striking the other person after being attacked. If police only recognize the second action, while ignoring the circumstances that led to it, they ignore a crucial part of the incident. Instead of recognizing the actions as self-defense, they will erroneously pursue assault charges.

Failing to Correctly Handle Evidence: In some cases, officers may overlook crucial evidence, such as security footage or bodycam video. In some cases, the official report lacks key details due to either inaccuracy or a failure to investigate them. Either way, the inaccuracies in the evidence they’ve gathered can have a massive impact on the case.

These mistakes matter, because if left unchallenged they could lead to wrongful prosecutions. If challenged in court by an experienced attorney, exposing the flaws in the initial investigation, they can be crucial in seeing charges dismissed or reduced.

Defending Against Simple Assault Charges

The Texas Constitution grants every citizen accused of a crime the opportunity to defend themselves in court. Fortunately, there are several methods that an experienced attorney can use to see charges of simple assault reduced, acquitted or dismissed. These include arguing:

Self-Defense: This is the claim that you only acted to protect yourself from harm, and the force used was proportional to the threat you faced.

Acting in Defense of Others: Similar to self-defense, this strategy claims that your actions were proportional to the threat, and were taken to protect someone else from imminent danger.

Lack of Intent: One of the requirements of an assault charge is intention. This strategy attests that the contact was accidental, more akin to bumping into someone at a crowded bar than an assault.

False Allegations: This strategy requires showing that your accuser fabricated their story, whether for revenge or for leverage in a separate dispute. Providing contradictory evidence and witness statements can expose their allegations as falsehoods.

Lack of Evidence: One crucial piece of evidence for the prosecution is the physical injuries that resulted from the assault. Providing medical reports and photos that show a lack of injury or threat can effectively weaken the prosecution’s case.

Constitutional Rights: Under Texas law, you have the right to use force in your home, business or vehicle. Known as Stand Your Ground laws, these statutes protect you from prosecution for defending your own property, even through the use of force.

Police Misconduct: If you were arrested without being informed of your rights, as outlined in the Miranda laws, or if police violated due process in any way, this strategy exposes that misconduct, bolstering your defense.

Mutual Combat: Texas Penal Code Section 22.06 outlines the concept of “mutual combat,” in which both parties fought each other willingly, and thus are protected from assault charges by virtue of their mutual consent.

Beyond these arguments, there are options that exist outside of courtroom strategy. First-time offenders could qualify for pretrial diversion programs, such as probation, community service, or anger management. Successful completion of these programs could lead to the charges being dropped. There is also the possibility of plea bargaining, pleading to a lesser charge such as disorderly conduct to reduce the legal consequences of a conviction.

Building a Strong Defense for You

At the Law Office of Ken Gibson, our driving goal is to ensure that you do not receive a permanent conviction for simple assault on your record. We achieve that goal by digging deeper and working harder, starting with an exhaustive investigation into your case. This comprehensive, independent investigation reviews every shred of evidence – bodycam footage, test results, court documents, police reports and recordings – while uncovering evidence of its own by revisiting the scene of the arrest and interviewing witnesses.

This gives us a solid foundation of the facts, which we use to challenge the case compiled against you, filing motions to suppress evidence that was obtained unlawfully and questioning every aspect of the prosecution’s position. When we expose the weaknesses in their case, we put you in a position to achieve the best possible outcome.

It all starts with a free, no-obligation legal consultation that lets you discuss your case under the protection of attorney-client privilege. With the facts in hand, we can launch into our investigation and craft a defense tailor-made for your case. There’s no pressure to commit, just your future to protect. Contact us today to schedule a free evaluation.