If you or a loved one has been charged with assault, you may be wondering how to beat a simple assault charge in Texas. The first step is to remain calm and avoid any actions that could escalate the situation.
- DO NOT attempt to explain your side of the story to the police — anything you say can be used against you.
- Instead, exercise your right to remain silent and contact an experienced criminal defense attorney as soon as possible.
At Guzman Law Firm, we understand how misunderstandings can lead to criminal charges. Attorney Javier Guzman is dedicated to protecting your rights and building a strong defense on your behalf. Read on to learn more about how simple assault is defined in Texas, the possible penalties, and the best defenses available to fight these charges — or, if you or a loved one has been charged, call Javier today at (956) 516-7198 and ask him to defend your rights.
What is simple assault?
Simple assault generally involves physical contact or threats being made without the victim sustaining any serious injuries. Simple assaults often involve failed attempts to physically harm someone or verbal threats made without the threat or presence of a weapon (continue reading about gun rights in Texas).
Under the Texas Penal Code §22.01, simple assault occurs when a person intentionally, knowingly, or recklessly…
- Causes bodily injury to another person,
- Threatens another person with imminent bodily injury, or
- Causes physical contact with another when they know or should reasonably believe the other person would find it offensive or provocative.
One of the more common ways that an attorney will attempt to beat a simple assault charge is by disproving, or illustrating that the accuser is unable to prove, one of the three elements mentioned above. If it cannot be proven that there was intent to harm, that the victim understood these intentions, or that they were harmed (or afraid of being harmed) by the accused’s actions, then the accuser’s case likely will not stand.
Simple assault vs. aggravated assault
While simple assault typically involves minor or no physical injuries, aggravated assault is a far more serious charge with far more serious consequences. Aggravated assault occurs when a person:
- Causes serious bodily injury to another
- Uses or exhibits a deadly weapon during the assault
Aggravated assault is a felony in Texas, carrying significantly harsher penalties than simple assault. If you are facing any type of assault charge, consulting with a defense attorney is crucial to protecting your rights.
Learn more about the difference between assault and battery
What is the most common punishment for simple assault?
How long do you go to jail for assault in Texas? What fines do you have to pay? Penalties for simple assault in Texas vary based on factors such as the severity of the incident and whether the accused has prior convictions. The following table outlines common punishments:
| Charge Classification | Circumstances | Potential Penalties |
| Class C Misdemeanor | Offensive physical contact or verbal threats (no injury) | Fine up to $500 |
| Class B Misdemeanor | Assault against a sports official | Up to 180 days in jail, $2,000 fine |
| Class A Misdemeanor | Assault causing bodily injury | Up to 1 year in jail, $4,000 fine |
| Third-Degree Felony | Assault on a public servant, security officer, or emergency personnel | 2 – 10 years in prison, $10,000 fine |
| Second-Degree Felony | Assault involving family violence with prior conviction* | 2 – 20 years in prison, $10,000 fine |
First-time simple assault charge vs repeat offenses
First-time offenders typically face less severe penalties than those with prior convictions. A first-time simple assault charge is generally a Class A misdemeanor, carrying a maximum fine of $4,000 and up to one year in jail. However, if an individual has prior assault convictions, the penalties increase significantly.
Repeat offenses can be charged as felonies, leading to steeper fines, longer prison sentences, and lasting consequences on one’s criminal record. Aggravating factors, such as assaulting a public servant or repeat domestic violence offenses, can further escalate the charges, making legal representation necessary for minimizing potential penalties.
What is the best defense for assault charges?
A strong defense strategy can significantly impact the outcome of your case. Here are some common defenses used in assault cases:
- Self-defense: You acted to protect yourself from an imminent attack. For example, say an aggressive individual cornered you in a parking lot and raised their fists to punch you, so you pushed them away to escape. Texas self-defense laws protect you in this case.
- Defense of others: You acted to protect someone else from harm. In this scenario, you may have witnessed a stranger being attacked on the street and intervened to prevent further harm.
- Defense of property: You used reasonable force to protect your property from theft or destruction. This could include someone attempting to steal your phone, and you grabbing their arm to stop them.
- Lack of intent: There was no intent to cause harm, making the charge invalid — including accidental or incidental contact (e.g. bumping into someone in a crowded space) that was mistaken for an assault.
- False accusations: The alleged victim falsely accused you due to personal motives. For example, a former coworker may have accused you of assault after a workplace argument, but there were no witnesses or evidence to support their claim.
How to beat an assault charge in Texas
The best way to beat a simple assault charge in Texas is to hire a skilled criminal defense attorney. Here’s how an attorney can help:
- Examining the evidence: Your lawyer will scrutinize the prosecution’s case to identify inconsistencies or weaknesses.
- Negotiating with prosecutors: In some cases, a plea bargain or case dismissal may be possible if the evidence is weak.
- Presenting a strong defense in court: If your case goes to trial, a skilled assault attorney will build a compelling argument in your favor.
- Ensuring your rights are protected: From unlawful searches to coerced confessions, a good lawyer will ensure law enforcement did not violate your rights.
At Guzman Law Firm, we have extensive experience defending clients against assault charges and will fight aggressively to protect your future.
Facing assault charges in Texas? Call Guzman Law Firm for a strong defense.
Can a simple assault charge be dropped? Not without help. If you or a loved one is facing a simple assault charge in Texas, you need a legal team that will stand by your side and fight for your rights. A conviction could impact your freedom, finances, and future employment opportunities — and the ripple effects can move through the rest of your life.
Javier Guzman and the team at Guzman Law Firm understand the stakes involved and are ready to provide a strong, strategic defense on your behalf. Call us today at (956) 516-7198 or schedule a consultation online to discuss your case and start building your defense. Don’t let a simple assault charge define your future, get the legal representation you deserve.
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