Assault often conjures images of violent physical altercations. However, assault doesn’t always involve violence or physical contact. The legal definition of assault in Texas is much broader.
Many people face assault charges without ever throwing a punch or causing injury. Under the Texas Penal Code, assault includes threats and unwanted physical contact that create fear or offense. Understanding what constitutes assault may help you avoid criminal charges due to having a bad day.
When threats become criminal acts
Not every heated exchange or verbal threat warrants assault charges. Many cases of verbal threats just get you a disorderly conduct charge, especially if the danger doesn’t seem real or immediate.
Texas law considers serious threats as assault when they cause reasonable fear of immediate harm. A threatening gesture, like raising your fist at someone during an argument, may result in charges.
Moreover, even verbal threats alone might lead to assault charges if the other person believes you can and will carry out the threat immediately. In such cases, your intent matters less than how your actions affect others.
Physical contact that crosses the line
In some cases, physical contact can be a gray area. Not all unwanted touching qualifies as assault, but some actions raise red flags, including:
- Shoving someone during an argument
- Grabbing another person’s arm
- Aggressively poking someone’s chest
- Spitting on someone
- Making offensive or provocative contact
The key factor involves whether your actions offend or provoke the other person. Context and circumstances influence how law enforcement views these incidents.
Avoid leaving your defense to yourself
Assault charges without physical violence might seem minor, but they carry serious consequences in Texas. Your actions could face different interpretations in court, making self-defense challenging. So, seek guidance from someone with a deep understanding of Texas law. Working with an experienced criminal defense attorney gives you the best chance at protecting your rights and future.
