Misdemeanor Assault and Felony Assault
Normally, simple assault that results in minor injury is a Class A misdemeanor, punishable by not more than 1 year in a county jail and/or a fine of not more than $4,000. However, prosecutors can bump it up to a third-degree felony - 2 to 10 years in a Texas prison and/or a fine of not more than $10,000 - in some cases.
If you are charged with simple assault, it can become a third-degree felony if the state proves that you:
1. Committed the assault against a family member or someone with whom you are in a romantic relationship, and you have a previous domestic violence conviction.
2. Knew the person was a public servant or government contractor carrying out official duties, or you committed the assault on a public servant in retaliation for doing his job.
3. Knew the person was a security guard or emergency services worker, and you committed the assault while the person was doing his job.
When the assault involves only touching or threatening, it's a Class C misdemeanor, for which the penalty is a fine of up to $500. But again, the criminal charge can become more serious under some circumstances. For example, the assault becomes a Class A misdemeanor if the victim is elderly, and becomes a Class B misdemeanor if the victim is a sports official.
Assault with a Weapon / Aggravated Assault
The stakes also go up if you are charged with causing serious injury or using a weapon while committing assault. Aggravated assault is a second-degree felony, and the penalty is 2 to 20 years in a Texas prison and/or a fine of up to $10,000.
Aggravated assault can become a first-degree felony, with a penalty of 5 years to life, in cases of domestic violence, or if the assault was committed against a public official, security guard, informant, or witness to a crime.
