Simple Assault vs. Family Assault vs. Aggravated Assault in Texas

Texas assault cases can range from misdemeanor allegations to serious felony charges. The difference between simple assault, family assault, aggravated assault, and aggravated assault by impeding breath or circulation depends on the alleged conduct, the relationship between the people involved, the injury claimed, whether a weapon was involved, and other facts.

This article provides a general overview of common Texas assault charges. It is not legal advice for any specific case. If you have been arrested or accused, speak with a criminal defense lawyer about the facts of your situation.

Simple Assault in Texas

Simple assault is often what people mean when they say “assault” without aggravating facts. Under Texas law, assault may involve intentionally, knowingly, or recklessly causing bodily injury to another person; intentionally or knowingly threatening another person with imminent bodily injury; or intentionally or knowingly causing physical contact when the person knows or should reasonably believe the other person will regard the contact as offensive or provocative.

Depending on the facts, simple assault can be charged as a Class C misdemeanor, Class A misdemeanor, or, in certain situations, a felony. A case involving alleged bodily injury is commonly treated more seriously than a case based only on offensive contact or a threat.

Family Assault in Texas

Family assault, often called assault family violence, involves an assault allegation where the accused and the complaining witness have a qualifying relationship under Texas law. This can include family members, household members, current or former dating partners, spouses, former spouses, parents of the same child, and certain other relationships.

Family assault can carry consequences beyond the criminal punishment range. A family violence finding can affect firearm rights, housing, employment, protective orders, bond conditions, child custody issues, and future enhancement of later cases. Even if the complaining witness later wants to drop the case, the prosecutor may still decide to continue.

Aggravated Assault in Texas

Aggravated assault is generally a more serious felony-level allegation. Texas law defines aggravated assault as an assault where the person causes serious bodily injury to another person or uses or exhibits a deadly weapon during the commission of the assault.

“Serious bodily injury” generally means an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ. A deadly weapon can include a firearm, knife, vehicle, or another object depending on how it was allegedly used or exhibited.

Aggravated Assault by Impeding Breath or Circulation

Texas law treats choking or strangulation allegations in family-violence-type cases very seriously. A family assault allegation can be enhanced when the State claims the accused intentionally, knowingly, or recklessly impeded the normal breathing or blood circulation of the complaining witness by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth.

People often refer to this as “assault by choking,” “strangulation,” or “impeding breath or circulation.” These cases can become felony allegations even when the visible injury appears limited. Evidence may include body camera footage, 911 calls, medical records, photographs, witness statements, alleged admissions, prior history, and the complaining witness’s description of what happened.

Key Differences Between These Assault Charges

The main differences usually involve the relationship between the parties, the level of injury alleged, whether a deadly weapon was used or exhibited, whether choking or airway restriction is alleged, and whether the accused has prior relevant history. Those details can change the charge level, possible punishment range, bond conditions, protective-order issues, and defense strategy.

Common Defense Issues in Texas Assault Cases

Assault cases are highly fact-specific. Important defense issues may include self-defense, defense of others, false accusation, inconsistent statements, lack of injury, lack of intent, unreliable witnesses, missing video, alcohol or drug use, mutual combat, motive to exaggerate, or whether the alleged conduct actually meets the legal definition of the charged offense.

In family assault and impeding-breath cases, the defense may also review the relationship between the parties, prior communications, 911 audio, body camera video, medical documentation, photographs, text messages, and any evidence showing what happened before and after the accusation.

Why You Should Not Ignore an Assault Charge

An assault charge can affect more than the immediate court case. It may impact your job, license, background checks, family relationships, firearm rights, immigration status, and future criminal exposure. Bond conditions may also restrict where you can go and who you can contact.

Frequently Asked Questions

Is simple assault always a misdemeanor in Texas?

No. Many simple assault cases are misdemeanors, but certain facts can raise the seriousness of the charge. The exact level depends on the alleged conduct, injury, victim category, relationship, and criminal history.

Can the alleged victim drop a family assault charge?

The complaining witness can express their wishes, but the prosecutor generally decides whether to continue or dismiss the case. A request to drop charges does not automatically end a Texas family assault case.

What makes an assault aggravated assault?

Aggravated assault generally involves serious bodily injury or the use or exhibition of a deadly weapon during the assault. The facts and evidence determine how the charge is evaluated.

Is choking or impeding breath a felony in Texas?

Choking or impeding breath or circulation allegations can be charged as a felony in family-violence-type cases. These cases are serious and should be reviewed by a criminal defense lawyer quickly.

Contact Erik The Defender

If you are facing a simple assault, family assault, aggravated assault, or impeding-breath allegation in Texas, contact Erik The Defender to discuss the case. Erik The Defender represents clients in Houston, Harris County, Montgomery County, Tomball, Cypress, Spring, The Woodlands, Conroe, Magnolia, and surrounding Texas communities.