Simple Assault vs Aggravated Assault in Texas: What’s the Difference?

Understanding the elements of simple assault vs aggravated assault in Texas can be critical to your assault case. Typically, the level of bodily injury and whether a weapon was used determines what you’re charged with after your arrest.

The legal system can be overwhelming and taxing on you and your loved ones. In the face of an uncertain future, hiring an expert Denton assault attorney should be your first step to explain the laws and craft a defense.

Simple Assault in Texas

According to Texas Penal Code 22.01, simple assault occurs when a person does any of the following:

• Intentionally, knowingly, or recklessly causes someone bodily injury
• Intentionally or knowingly threatens someone with imminent bodily injury
• Intentionally or knowingly touches someone, knowing that the other person will consider the contact offensive or provoking.

Some examples of simple assault include threatening to hurt someone, pushing or shoving someone, throwing an object at someone but not causing harm, and touching someone in an offensive way. Simple assault penalties in Texas range from Class A to Class C misdemeanors.

It’s important to note that a simple assault charge can increase to a felony if it involves a public servant, like a police officer, or a family member.

Aggravated Assault in Texas

Texas Penal Code 22.02 defines aggravated assault as a person causing serious bodily injury to another or using or exhibiting a deadly weapon while committing an assault.

Some examples of aggravated assault include the following:

• Intentionally hitting someone with a car
• Using a knife to injure someone during a fight
• Pointing a gun at someone without firing it
• Beating someone enough to break bones

Since aggravated assault is considered more severe, involving violence and possibly a weapon, the charge carries a penalty of a first or second-degree felony.

Texas Assault Statistics

The Texas Department of Public Safety (TDPS) released its annual Crime Report for 2024. According to the report, there were 174,634 family violence simple assault cases and 34,602 family violence aggravated assault cases. The majority of the aggravated assault cases across the state involved a weapon. Handguns or knives ranked high on the list, but almost anything can cause injury.

Texas defines a deadly weapon as a firearm or any item made to inflict or capable of inflicting death or serious bodily injury. This means anything that is used with the intention of harm can be a weapon—a baseball bat, a rock, dishes, brass knuckles, or a vehicle. The crime report classifies all of these items as personal weapons.

The TDPS also reported that 39% of aggravated assaults were cleared by law enforcement in Texas, meaning they arrested and charged someone in the case based on evidence. These suspects continued dealing with law enforcement and prosecutors, which may have led to court and/or prison. Having a good attorney can make all the difference when you’re facing assault penalties.

Hire an Assault Lawyer in Texas

The legal team at Robuck Morgan Law Firm, PLLC, has years of experience in assault cases. We use an impartial, personalized approach to craft the most effective defense possible. Other factors, like self-defense, a misunderstanding, or lack of intent, need to be discussed to get the whole picture of your situation. You may not be at fault.

Finding a lawyer you can trust is the first step to lowering your fines and mitigating the penalties you could face. We can optimize your outcome with a tailored plan to fight on your behalf.

FAQs

Which Is Worse in Texas, Aggravated Assault or Simple Assault?

Aggravated assault is worse due to the level of bodily harm and/or the presence of a weapon. Since aggravated assault is considered a felony in Texas, you can spend more time in prison and pay higher fines if convicted. Simple assault carries typically a misdemeanor charge, which can lead to much less jail time, unless it involves a family member or someone from a protected group, such as a public servant.

What Is Considered Simple Assault in Texas?

Simple assault is classified as a threat of bodily harm or physical contact, like pushing or shoving. As mentioned in the law, this contact is offensive and unwanted. For example, if you accidentally nudge someone in a bar, they push you back, and it leads to a threat of fighting, it could be considered simple assault on their part. There was an altercation, but no additional violence. If the threat was to a police officer, the person would be charged with a felony.

Will I Go to Jail if I’m Convicted of Assault in Texas?

If you are convicted of assault in Texas, you could potentially go to jail, especially if it is not your first offense. If you are charged with a Class A misdemeanor for simple assault, you can face jail time in addition to a fine. Aggravated assault carries a heavier sentence due to the nature of the violence and/or the presence of a weapon, and a conviction for this offense is more likely to result in jail time.

Can an Assault Case Be Dismissed by the Prosecutor in Texas?

Yes, an assault case can be dismissed by the prosecutor in Texas. Every case is different, but a lack of evidence or intent to harm can lead to a dismissal of charges. Another factor is self-defense. Some assaults are the result of someone defending themselves, which leads to bodily harm to another person. That’s why interviews with witnesses and reviewing evidence are crucial for a good defense.

Reach Out to Robuck Morgan Law Firm, PLLC, Today

If you have been charged with simple or aggravated assault, you need an assault attorney you can trust. At Robuck Morgan Law Firm, PLLC, we have years of experience and knowledge to get you the most favorable results possible in your case. You need an advocate in your corner to interview witnesses, negotiate with prosecutors, and fight for you in court. You don’t have to navigate the justice system alone. Contact us today.