What is the maximum time I am facing for assault in Texas?

jail cellsThere are many ways to commit the offense of assault in Texas and the maximum punishment depends on the level of the offense; and the level of the offense depends on the facts of the case. The minimum punishment for assault is nothing.

This page only discusses the maximum sentences imposed by the criminal justice system as a direct consequence of conviction. For a violent crime like assault, there are also potential collateral consequences like revocation or suspension of a professional licenses, the loss of voting and firearm rights,[1]Loss of federal firearm rights: US Code Title 18 Section 922(g) deportation of immigrants, just to name a few. There may also be serious social consequences like difficulty finding an job or renting an apartment. The social consequences of a conviction for Family or Dating Violence have never been higher.

Note: The felony offense named “Injury to a Child, Elderly, or Disabled Individual” has a legal definition that is very similar to Assault but punishment information regarding that offense is not included below because this page only contains information about Assault.

In the following list, priors include convictions, deferred adjudications, and similar cases from other states besides Texas.

Assault is a Class C Misdemeanor when committed by:

This level of offense is punishable by a fine up $500, although “court costs” and other fees may push the total higher. Law enforcement officers can arrest a suspect for a Class C Misdemeanor and take them to jail[2]Atwater v. Lago Vista, 532 U.S. 318 (2001), but an actual jail sentence is not normally a possible consequence of conviction. However, failure to appear on (or before) the court date can lead to an arrest warrant for “Violation Of Promise To Appear.” A defendant could also be jailed if he or she is convicted of the offense and subsequently refuses to pay the fine.


Assault is a Class B Misdemeanor when committed by:

  • Offensive physical contact against a participant in a sporting event
  • Threatening to cause injury against a participant in a sporting event

Note: Participants include players, coaches, referees, and others involved in a game.

The maximum for a class B is 180 days in the county jail and a $2,000 fine.


Assault is a Class A Misdemeanor when committed by:

  • Offensive physical contact against an elderly or disabled person
  • Threatening to cause injury against an elderly or disabled person
  • Causing injury or pain under normal conditions, including domestic assault

Note: This is the most common type of assault charge in Travis County, Texas.

The maximum for a class A is one year in the county jail and a $4,000 fine.


Assault is a 3rd degree felony when committed by:

  • Causing injury or pain if domestic assault with any level of prior
  • Strangulation or suffocation if domestic assault
  • Causing injury or pain to a public servant
  • Causing injury or pain to emergency service personnel
  • Causing injury or pain to an employee of correctional facility
  • Causing injury or pain to a security guard

The maximum for a third degree felony is 10 years in the state penitentiary and a $10,000 fine.


Assault is a 2nd degree felony when committed by:

The maximum for a second degree felony is 20 years in the state penitentiary and a $10,000 fine.


Assault is a 1st degree felony when committed by:

  • Domestic assault if serious bodily injury AND using/exhibiting a deadly weapon
  • While working as a public servant if serious bodily injury OR deadly weapon
  • Against a public servant if serious bodily injury OR deadly weapon
  • Against a witness or informant if serious bodily injury OR deadly weapon
  • Against a security guard if serious bodily injury OR deadly weapon
  • Drive-by shooting causing serious bodily injury

The maximum for a first degree felony is life the state penitentiary and a $10,000 fine.


Call (512) 480-9020 to hire us on an Assault case in Travis County.


Further Reading

What is the minimum punishment for assault?

References   [ + ]

1.Loss of federal firearm rights: US Code Title 18 Section 922(g)
2.Atwater v. Lago Vista, 532 U.S. 318 (2001)