Can I Be Charged With Assault Without Causing Physical Harm?

 Posted on November 25, 2024 in Criminal Defense

When people think of assault, they usually picture a bar fight or some other kind of physical altercation. However, a person can be charged with assault even if he or she did not cause physical harm or make physical contact. There are several forms of assault under Texas law, all of which are treated harshly with severe penalties such as prison time and hefty fines. If you or someone you know is facing an assault charge, reach out to a qualified Texas criminal defense attorney. 

What Is Assault?

Texas Penal Code § 22.01 defines assault as:

• Causing bodily injury to someone else

• Causing physical contact with someone when you know or should know that the person will find it offensive or provocative

• Threatening someone else with imminent bodily injury

The last category makes it clear that physical contact is not necessary for an assault charge. Even threatening someone can be considered assault, as long as that threat makes the person fear immediate bodily harm.

Furthermore, the law states that the physical contact does not need to cause injury or even be violent. Even if you do not hit or shove someone, you can still be charged with assault if you know that your physical contact will provoke or offend the person. 

An important element of assault is intent. Someone who engages in any of the behaviors above must do so knowingly or recklessly for it to be considered assault.

What Are Examples of Assault Without Causing Physical Harm?

Based on the law’s definition, here are some common examples of assault that do not cause physical harm:

• Verbal threats: An argument that gets heated to the point of threats of violence can lead to an assault charge. Saying something like, "I’m going to kill you" while approaching the person could be considered assault in Texas.

• Brandishing a weapon: Showing a weapon to someone in a threatening way can qualify as assault, even if you do not touch it. 

• Threatening movements: Movement alone can be considered assault if it causes the other person to fear imminent bodily harm. Cocking back your arm or lunging at someone, for instance, can lead to an assault charge even if you did not mean to follow through.

• Unwanted physical contact: Touching someone in a way that you know or should know will offend or provoke them can be considered assault. Even giving someone a hug after he or she has expressly asked not to be touched can result in charges.

What Are the Penalties for Assault?

The penalties for assault range from a Class C misdemeanor — the lightest punishment — to a felony:

• If there was no physical harm, the defendant might be charged with a Class C misdemeanor, which carries up to $500 in fines.

• If there was any form of physical injury, the defendant could be charged with a Class A misdemeanor, which carries up to a year in jail and up to $4,000 in fines.

• If the assault was committed against a family member, public servant, active security officer, emergency respondent, or pregnant woman, or if it involved choking, the charge could be enhanced to a second-degree felony. This is punishable by two to ten years in prison and fines of up to $10,000.

Assault charges can go as high as a first-degree felony in special circumstances, like if serious bodily injury was inflicted on a public officer in the line of duty.

Contact a Denton County, TX Assault Defense Attorney

The definition of assault is broad enough that some people may not be aware they are committing it. Protect your rights and future by contacting Magaña & Van Dyke. We are highly experienced attorneys and will devote our attention and resources to your defense. Call 940-382-1976 now to get a free consultation with a Cooke County, TX criminal defense lawyer today.