busted by the man? call steve boman.

Kingwood Assault Lawyer

What is Considered Assault in Texas?

In Texas, assault is when a person causes or threatens to cause bodily injury to someone else. If the individual the actor is alleged to have harmed is a family or household member or dating partner, the situation becomes a domestic violence matter. 

In either situation, because the offense can result in another person being hurt, the state takes these cases seriously. Upon a conviction, the minimum penalty a court can impose is a fine. The maximum penalty is a prison sentence of up to 20 years, depending on the facts. 

No matter your circumstances, if you have been accused of assault or domestic violence, you need an attorney on your side, ready to pursue a just outcome and help avoid or minimize penalties.

Texas Penal Code 22.01 is the statute concerning assault, it provides that a person commits an offense when they:

  • Cause bodily injury to another person,
  • Threaten someone with bodily injury, or
  • Make physical contact with another person that the individual considers offensive or provocative.

Assault can be considered domestic violence when any of the acts are committed against a family or household member or dating partner.

A family or household member includes:

  • Persons related by blood or marriage
  • Former spouses
  • Parents of the same child (regardless of marital status)
  • Foster parents and children (regardless of whether they live together)

Although many people consider an act assault when it results in physical harm to another person, actual bodily injury is not required for charges to be levied. The law states that a threat or offensive or provocative conduct may be a violation. Thus, someone may be accused of assault if they punch someone, spit on someone, or say they will hit someone with a bat.

You might have been alleged to have assaulted another person, but that doesn’t mean the evidence against you is sufficient to obtain a conviction. At Boman Law PLLC, we know what the district attorney needs to prove guilt beyond a reasonable doubt. Allow our Kingwood assault violence attorney to evaluate your case and determine how to challenge the prosecutor’s arguments against you.


Schedule a free consultation with our assault violence lawyer in Kingwood by calling us at (832) 307-3217 or contacting us online today.


Is Assault a Felony in Texas?

Assault can be either a misdemeanor or a felony in Texas. Domestic violence, on the other hand, is only a felony. The level of offense, class, or degree of charge depends on the conduct.

Below are the potential charges that can arise for assault or domestic violence committed under specific circumstances:

  • Class C misdemeanor:
    • Threatening to cause imminent bodily injury to another person
    • Touching someone in an offensive or provocative way
  • Class B misdemeanor:
    • Threatening or offensively or provocatively touching a sports participant when the actor is not a participant in the sport
  • Class A misdemeanor:
    • Causing bodily injury to another person
    • Touching an elderly or disabled person in an offensive or provocative way
    • Threatening or offensively or provocatively touching a pregnant person to force an abortion
  • Third-degree felony:
    • Causing bodily injury to:
      • A public servant, government contractor, security officer, emergency services personnel, or process server when that individual is performing their official duties or in retaliation for them performing their official duties;
      • A family or household member or dating partner when the actor has previously been convicted of domestic violence-related assault, homicide, kidnapping, indecency with a child, or continuous violence against the family;
      • A family or household member or dating partner when the offense was committed by cutting off the other person’s breathing or blood circulation by choking or suffocating them.
      • A pregnant individual to force an abortion; 
      • A person the actor knew or should have known was pregnant at the time of the offense; or
      • An officer of the Texas Civil Commitment Office performing their official duties when the actor was a resident of the facility
  • Second-degree felony:
    • Causing bodily injury to:
      • A police officer or judge performing their official duties or in retaliation of them performing their official duties; or
      • A family or household member or dating partner when the actor was previously convicted of domestic violence-related assault, homicide, kidnapping, or indecency with a child and the offense involved blocking the other person’s breath or blood circulation by choking or suffocating them.

Whatever your circumstances, our Kingwood assault lawyer is ready to defend you. We know that a criminal charge does not define a person, and good people can get caught up in bad situations. We will be your ally throughout your case.

What Is the Jail Term for Assault in Texas? 

If a person is accused of assaulting someone in Texas, they could face jail or prison time, depending on whether they were charged with a misdemeanor or a felony.

Potential penalties for assault include the following:

  • Class C misdemeanor:
    • Up to $500 in fines
  • Class B misdemeanor:
    • Up to $2,000 in fines and/or
    • Up to 180 days in jail
  • Class A misdemeanor:
    • Up to $4,000 in fines and/or
    • Up to 1 year in jail
  • Third-degree felony:
    • Up to $10,000 in fines and/or
    • Up to 10 years in prison
  • Second-degree felony:
    • Up to $10,000 in fines and/or
    • Up to 20 years in prison

Our assault attorney in Kingwood loves to argue. This skill comes in handy when negotiating with prosecutors and presenting cases in court. Whether your case can be resolved with a plea bargain or must be taken to trial, we are prepared to seek an optimal outcome on your behalf, such as dropped charges, case dismissal, or reduced penalties.

Contact an Assault Lawyer Today

At Boman Law PLLC, our Kingwood assault attorney provides the legal counsel you need. We represent clients throughout Humble, Harris County, Liberty County, Chambers County, and Montgomery County. Having been arrested five times, our Kingwood assault lawyer has a first-hand account of what it’s like to go through the justice system. 

We know the fear and uncertainty that can arise during these challenging times, and we empathize with our clients. When you turn to us, your cause is our cause, and we will do what it takes to seek an optimal result on your behalf.

To discuss your case, call us at (832) 307-3217 or submit an online contact form. We proudly serve Humble, Liberty County, Chambers County, and Montgomery County.

contact our firm for assistance
call steve boman today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.