Assault by Threat or Offensive Contact in Texas | Houston Assault Attorney

You can be charged with assault in Texas without ever injuring — or even touching — anyone. Assault by threat and assault by offensive contact require no bodily injury: a threat of imminent harm, or physical contact you should know another person will find offensive, is enough. These are usually Class C misdemeanors, but they still create an arrest record and, in a family setting, can carry serious collateral consequences.

If you or a loved one has been charged with assault in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.01, a person commits assault by (1) intentionally or knowingly threatening another with imminent bodily injury, or (2) intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative. Neither requires an injury; the threat version requires no contact at all.

Penalty Range

Circumstance	Offense Level	Punishment
Assault by threat	Class C Misdemeanor	Fine up to $500 (no jail)
Assault by offensive contact	Class C Misdemeanor	Fine up to $500 (no jail)
Against elderly/disabled or certain protected victims	Enhanced (Class A/B)	Up to 1 year jail; up to $4,000 fine

"Fine-only" doesn't mean consequence-free

A Class C assault is still an arrest and a charge that can surface on background checks — and if the alleged victim is a family or household member it can support an affirmative finding of family violence, a protective order, and firearm restrictions. It should never be handled casually.

How These Cases Are Defended

Self-defense. Threatening or using force to protect yourself can be justified under Texas law.
Not a genuine threat of imminent harm. Angry words, insults, or conditional statements are often not the "imminent" threat the statute requires.
Contact not offensive to a reasonable person. Incidental or trivial contact may not meet the standard.
False or exaggerated allegations. These charges frequently grow out of arguments, breakups, and custody disputes; we expose motive and inconsistency.
Deferred disposition, dismissal, and expunction. For Class C cases we pursue outcomes that keep the matter off your permanent record.

Collateral Consequences

Even a fine-only assault can appear on background checks and, in a domestic context, can carry the same family-violence consequences as a more serious charge — including a protective order and loss of firearm rights. Keeping the case off your record is usually the goal.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one has been charged with assault by threat or offensive contact in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Can you be charged with assault in Texas without touching anyone?

Yes. Under Texas Penal Code § 22.01, it is assault to intentionally or knowingly threaten another person with imminent bodily injury, or to cause physical contact you know or should know the other person will find offensive or provocative. No injury — and, for the threat version, no physical contact at all — is required.

What is the punishment for assault by threat or offensive contact?

Assault by threat and assault by offensive contact are generally Class C misdemeanors, punishable by a fine of up to $500 and no jail time. However, the charge is enhanced (for example, to a Class A or Class B) when committed against certain protected victims such as the elderly or a sports participant, and any family-violence allegation carries added consequences.

Is a Class C assault a criminal record?

Yes. Even though a Class C assault carries only a fine, it results in an arrest and charge that can appear on background checks, and if it involves a family or household member it can lead to an affirmative finding of family violence. That is why even a 'fine-only' assault should be handled by an attorney and, where possible, kept off your record.

Can assault by threat be a family-violence case?

Yes. If the alleged victim is a spouse, dating partner, family member, or household member, even a Class C assault by threat or offensive contact can be treated as family violence — which can trigger a protective order and firearm restrictions. We fight to prevent a family-violence finding.

How is an assault by threat case defended?

Defenses include self-defense, that the words or contact were not a genuine threat of imminent harm, lack of intent, false or exaggerated allegations often arising from a dispute, and that the contact would not be offensive to a reasonable person. We also pursue dismissal, deferred disposition, and expunction to keep it off your record.