Felony vs. Misdemeanor Assault in Texas: Understanding the Key Differences
When facing assault charges in Texas, the severity of the charge can drastically impact your future. While both felony and misdemeanor assault are serious, the penalties, long-term consequences, and defense strategies can vary significantly. If you or a loved one has been arrested for assault in McKinney, Plano, or surrounding areas, knowing the difference between these charges can help you take the right steps in your legal defense.
What Determines Whether Assault is a Misdemeanor or Felony?
Texas law classifies assault under Texas Penal Code § 22.01, and whether an assault is charged as a misdemeanor or felony depends on:
- The severity of injuries sustained by the alleged victim.
- The relationship between the accused and the alleged victim.
- The presence of a weapon during the incident.
- The victim’s status, such as if they are a police officer, healthcare worker, or public servant.
- Prior criminal history of the accused, especially past violent offenses.
Even a simple altercation can escalate into felony charges under certain circumstances.
Misdemeanor Assault in Texas
Misdemeanor assault charges are typically applied when:
- There is threatening or offensive contact without serious bodily injury.
- The alleged victim sustains minor injuries, such as bruises or scratches.
- No weapon was involved.
Types of Misdemeanor Assault Charges
- Class C Misdemeanor:
- Offense: Verbal threats or offensive physical contact (e.g., shoving).
- Penalty: Fine up to $500 but no jail time.
- Class B Misdemeanor:
- Offense: Assault at a sporting event against a referee or participant.
- Penalty: Up to 180 days in jail and a fine of up to $2,000.
- Class A Misdemeanor:
- Offense: Causing bodily injury to another person without aggravating factors.
- Penalty: Up to one year in jail and fines up to $4,000.
Even misdemeanor assault charges can result in long-term consequences, such as difficulty securing employment, restraining orders, or damage to your reputation.
Felony Assault in Texas
An assault becomes a felony when it involves serious bodily injury, a deadly weapon, or a specific type of victim.
Types of Felony Assault Charges
- Third-Degree Felony:
- Offense: Assault against a public servant, emergency worker, or family member (if the defendant has a prior conviction).
- Penalty: 2 to 10 years in prison and fines up to $10,000.
- Second-Degree Felony:
- Offense: Assault involving serious bodily injury or use of a deadly weapon.
- Penalty: 2 to 20 years in prison and fines up to $10,000.
- First-Degree Felony:
- Offense: Aggravated assault with a deadly weapon that results in severe injuries or assaulting a public official.
- Penalty: 5 to 99 years in prison and fines up to $10,000.
Felony assault charges carry life-changing consequences, including long prison sentences, loss of gun ownership rights, and permanent criminal records.
Defending Against Assault Charges in Texas
If you’re facing misdemeanor or felony assault charges, you need a strong defense strategy. Common defenses include:
- Self-Defense – You had to protect yourself from harm.
- Defense of Others – You intervened to protect someone else.
- Lack of Intent – The alleged assault was accidental.
- False Accusations – The alleged victim may have fabricated the claim.
Having an experienced criminal defense attorney in McKinney or Plano can mean the difference between a conviction and a dismissed case.
Why Choose The Fox Firm?
At The Fox Firm, we specialize in assault defense cases and will fight aggressively to protect your rights. Whether you’re facing misdemeanor or felony assault charges, we can:
✅ Investigate your case thoroughly.
✅ Challenge the prosecution’s evidence.
✅ Negotiate for reduced charges or dismissals.
✅ Defend you in court to secure the best possible outcome.
Contact The Fox Firm Today
If you’ve been arrested for assault in McKinney, Plano, or anywhere in Texas, don’t wait. Contact The Fox Firm today for a confidential consultation and let us protect your future.