Most people probably think of an assault as a physical attack that results in injury. If you reach out and grab someone’s wrist, you may not think of that as an assault. However, law enforcement can charge you with assault without injury in Texas.
In Texas, assault by physical contact means touching another person when you know they would find this offensive or provocative. Assault by contact is a Class C misdemeanor in Texas, regardless of whether you hurt the other person at all.
An assault charge with no injuries in Texas has less severe consequences than more serious assaults. However, this charge can still cause problems most people prefer to avoid. If you’ve been charged with assault by contact in Texas, you should contact a criminal defense lawyer.
What Is Assault by Contact Under Texas Law?
How can physical contact with no injury be considered an assault? Some states separate the crimes of assault and battery. Assault is threatening or attempting to harm someone. Battery is physically harming someone. In these states, assault doesn’t require physical contact because physical contact is considered battery. Assault vs battery is not an issue in Texas because Texas doesn’t charge battery as a separate crime.
The legal definition of assault in Texas is any behavior that intentionally or recklessly:
- Causes a person bodily injury
- Threatens a person with imminent bodily injury
- Causes physical contact that you know or believe will be offensive or provocative
As you can see, the definition of “assault” is broad in Texas. It doesn’t just refer to hurting someone physically but to a range of offensive behaviors. These include hurting the other person physically, threatening them, or simply touching them in an offensive way.
Offensively touching another person is assault by contact under Penal Code 22.01 (a) 3 in Texas. Assault by contact is a Texas Class C misdemeanor assault.
Assault by Contact and Family Violence Laws in Texas
Under Texas law, family violence is any act against a family member or household member intended to:
- Cause physical harm
- Cause bodily injury
- Threaten imminent harm
- Assault the family member
- Sexually assault the family member
Any form of assault against a family member qualifies as family violence in Texas. Assault by contact is a form of assault, even though it doesn’t involve physical injury. An act you may not think of as violent, such as grabbing your spouse, counts as family violence in Texas.
This can lead to severe consequences. While offensive contact charges in Texas are normally only a Class C misdemeanor, the charges can increase in family violence cases. If you’re charged with assault in violation of a court order or your bond conditions, it’s a third-degree felony. Family violence by contact in Texas can result in prison time.
Penalties for Assault by Contact in Texas
When assault by contact is charged as a Class C misdemeanor, penalties are not severe. You’ll be fined up to $500 for a Class C misdemeanor in Texas. However, if the victim was an elderly person, assault by contact becomes a Class A misdemeanor. A Class A misdemeanor is punishable by up to a year in jail and a fine of up to $4000.
If you’re charged with a third-degree felony, penalties can include two to 10 years in prison and a fine of up to $10,000. It’s unusual to be charged with a felony for assault by contact, but it can happen. If you violate a court order or bond condition in a family violence case, felony charges are possible.
What to Do If You’re Accused of Assault by Contact in Texas
If you’re facing Texas assault charges for touching someone without injuring them, you may feel that the charge is excessive. However, you need to take these charges seriously. In Texas, an assault by physical contact charge can leave you with a criminal record. An assault record can continue to haunt you long after you’ve paid your fine. Potential employers or landlords could learn about this conviction and get a poor impression of you. You need to do something to fight this charge.
First, don’t talk to the police without a lawyer present. You can easily say something unintentionally that the prosecutor can use against you.
Second, immediately contact a Texas criminal defense attorney when you’re charged with a crime.
Your attorney will talk to you about what happened and find out if there is any evidence that could help you. For instance, an eyewitness might be able to testify that you never touched your accuser. If there is any video of the incident, it could show what happened.
Your attorney will also negotiate with the prosecution to dismiss or reduce your charges. While your charges are pending, it’s important that you not attempt to have any contact with your accuser.
Contact a Texas Criminal Defense Attorney Today
Simply putting your hand on someone without hurting them is not what most people mean by “assault.” However, it is still against the law in Texas if you do it intending to offend or provoke them.
Assault by contact is not a major criminal charge. It’s usually only a Class C misdemeanor, punishable by a relatively small fine. However, a conviction is still a black mark on your reputation that you should avoid if you can. A record for assault will not look good when a landlord or employer does a background check on you. If you’re ever charged with a more serious crime, a previous assault record can make your penalties more severe.
To protect yourself from the consequences of a criminal record, your best option is to hire a criminal defense attorney. My Dallas Criminal Lawyer has the experience and knowledge to defend you effectively against these charges. Mounting a vigorous defense is your best opportunity to avoid the stigma and hassle of a criminal conviction. If you’ve been charged with assault by contact in Dallas, Texas, call My Dallas Criminal Lawyer at 214-764-5535 today.
