Understanding Assault by Contact in Texas:

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Class C Misdemeanor

In Texas, an “assault” charge doesn’t always involve serious injury. The law also recognizes a lesser form of assault known as Assault by Contact, which is typically filed as a Class C misdemeanor. It’s crucial to understand the nuances of this charge, as it can still have significant consequences.

What is Assault by Contact?

Under the Texas Penal Code, Section 22.01(a)(3), a person commits assault if they:

“intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.”

This definition highlights that the key element is not necessarily physical pain or injury, but rather the nature of the contact itself and how the victim perceives it. If the contact is intended to be, or is reasonably perceived as, offensive or provocative, it can qualify as an assault by contact.

Examples of Assault by Contact:

The types of physical contact that can lead to an Assault by Contact charge are varied and often do not involve significant force. Common examples include:

• Pushing: Even a light push that is unwanted and perceived as offensive.
• Slapping: A slap, even if it doesn’t cause pain or injury.
• Spitting: Spitting on another person is widely considered offensive and provocative.
• Touching: Unwanted touching, such as a poke or a grab, if the recipient finds it offensive.
• Throwing an object: If an object is thrown and makes contact with another person in an offensive or provocative manner (e.g., throwing water in someone’s face).

The Critical Difference: Bodily Injury

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The primary distinction between an Assault by Contact (Class C misdemeanor) and a more severe assault charge (such as a Class A misdemeanor or felony) lies in the element of bodily injury.

• Assault by Contact (Class C Misdemeanor): Does NOT involve bodily injury. The focus is on the offensive or provocative nature of the physical contact.
• Assault Causing Bodily Injury (Class A Misdemeanor or Higher): Occurs when the physical contact causes “bodily injury,” which the Texas Penal Code defines as “physical pain, illness, or any impairment of physical condition.” If bodily injury is alleged and proven, the charge will typically be filed as a Class A misdemeanor or even a felony, depending on the circumstances and the severity of the injury.

It’s important to remember that even without visible injury, an unwanted and offensive physical contact can still lead to an arrest and a Class C misdemeanor charge.

Experienced Defense for Assault by Contact Charges

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Facing any criminal charge, even a Class C misdemeanor like Assault by Contact, can be a stressful and confusing experience. While a Class C misdemeanor typically carries a maximum fine of $500 and no jail time, it can still result in a criminal record, which can impact your employment, housing, and reputation.

The Beltz Law Group is an experienced criminal defense firm dedicated to protecting the rights of individuals accused of assault by contact across North Texas. With over 50 years of combined attorney experience, our legal team has a deep understanding of Texas assault laws and a proven track record of successfully defending clients in these cases.

We will meticulously review the details of your arrest, challenge any inconsistencies in the prosecution’s case, and work tirelessly to achieve the best possible outcome for you, whether that means a dismissal, a reduction of charges, or a favorable resolution at trial. Don’t let an assault by contact charge jeopardize your future. Contact the Beltz Law Group today for a confidential consultation.