Class A vs Class C Assault in Texas

What is the difference between Class A and Class C assault?

Texas Penal Code Section 22.01 lists three ways to commit assault:

1. Intentionally, knowingly or recklessly causing bodily injury to another person.
2. Intentionally or knowingly threatening another person with imminent bodily injury.
3. Intentionally or knowingly causing physical contact the person knows or should reasonably believe the other will regard as offensive or provocative.

The first is a Class A misdemeanor. The second and third are Class C misdemeanors unless an exception applies. Source: Texas Penal Code § 22.01

Source: Texas Penal Code §§ 12.21 and 12.23

What counts as "bodily injury" in Texas?

Bodily injury means physical pain, illness, or any impairment of physical condition. Source: Texas Penal Code § 1.07

That is a low bar. A statement that a push or grab "hurt" can be enough for the State to charge Class A assault. It is also why the wording in a police report and any photos of the scene matter so much.

What is Class C assault in Texas?

Class C assault is assault by threat or by offensive contact with no injury alleged. Examples include threatening to hit someone or poking, shoving or grabbing someone in a way the person knows or should reasonably believe the other will find offensive or provocative. It is punishable by a fine only, up to $500. Source: Texas Penal Code § 12.23

Texas law states that a conviction of a Class C misdemeanor does not impose any legal disability or disadvantage. Source: Texas Penal Code § 12.03

When is offensive contact or a threat charged higher than Class C?

Section 22.01(c) raises assault by threat or contact in specific cases:

• Class A for offensive contact against an elderly individual or disabled individual.
• Class B when a non-participant assaults a sports participant during or because of their duties.
• Class A when committed against a pregnant individual to force an abortion.

Source: Texas Penal Code § 22.01

When does bodily injury assault become a felony?

Assault causing bodily injury jumps to a third degree felony in listed situations, including:

• Against a person the actor knows is a public servant lawfully discharging an official duty, or in retaliation for that duty.
• Against a family member, household member or dating partner when the person has a prior conviction for a listed family violence offense against such a person.
• Against a family member, household member or dating partner by impeding normal breathing or blood circulation.
• Against a person the actor knows is a security officer, emergency services personnel or a process server performing their duties.
• Against a person the actor knows is pregnant, or against a pregnant individual to force an abortion.
• Against a person the actor knows is hospital personnel while on hospital property.
• Against a person the actor knows or reasonably should know is a utility employee or agent performing a duty of that job.
• Against a government contractor or its employee providing services in a listed facility.

Source: Texas Penal Code § 22.01

Some versions are second degree felonies, such as bodily injury assault on a person the actor knows is a peace officer or judge lawfully discharging an official duty or in retaliation, or impeding the breathing of a family member, household member or dating partner when the person already has a qualifying family violence conviction. A third degree felony carries 2 to 10 years in prison and a fine up to $10,000. Source: Texas Penal Code § 12.34

Is Class A family violence assault different?

The offense is the same Class A assault under Section 22.01(a)(1). When the alleged victim is a family member, household member or dating partner and the court determines family violence occurred, the court must enter an affirmative family violence finding in the judgment. Source: Texas Code of Criminal Procedure Art. 42.013 A prior conviction for a qualifying family violence offense against a family member, household member or dating partner can be used to raise a later one to a felony under Section 22.01(b)(2). See our page on Family Violence Assault.

Can a Class C assault be dismissed?

It may be resolved through deferred disposition. For a fine-only case, the judge may defer proceedings for up to 180 days without finding the person guilty. If the person complies with the judge's requirements, the judge dismisses the complaint, there is no final conviction, and the records may be expunged. Source: Texas Code of Criminal Procedure Arts. 45A.302 and 45A.305

Can a Class A assault be reduced to Class C?

It can, depending on the evidence. A Class A charge requires proof of bodily injury. If the evidence shows a threat or offensive contact without pain or injury, the case may fit Class C instead. Whether a prosecutor agrees to that depends on the facts, the alleged victim's account and the defendant's history.

Last updated October 2026

How do I get started?

Talk with Texas Criminal Defense Attorneys PLLC. Call 214-305-9640 for a free consultation. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.

Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.

This page is general information about Texas law, not legal advice about your situation. Reading it does not create an attorney-client relationship.