Texas Assault Penalties (2026)

Simple assault and aggravated assault charges charges in Texas: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing assault charges in Texas, consult a licensed Texas criminal defense attorney.

Texas Assault Penalties

OffensePenalty
First OffenseClass A misdemeanor: up to 1 year jail, $4,000 fine
Second Offense3rd degree felony: 2–10 years prison

TX Penal Code §22.01; assault causing bodily injury is Class A misdemeanor

Assault Statute of Limitations in Texas

In Texas, the statute of limitations for assault is generally 3 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in Texas.

See all Texas statutes of limitations →

Defending Against Assault Charges in Texas

Common defenses in Texas assault cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a Texas criminal defense attorney for advice.

Related Texas Laws