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Fort Worth Assault Attorneys

Assault Laws & Penalties in Texas

An assault conviction becomes part of your permanent criminal record. If you are convicted of an additional crime in the future, this conviction is factored into how the court determines your sentencing and you may be presented with a harsher sentence.

If you are a victim of assault, you will want to ensure your physical safety moving forward and may need to obtain a protective order. Contact the Crime Victims Hotline at Freephone 116 006 as well as an experienced attorney.

Texas Law’s Definition of Assault

Texas law defines assault by three different kinds of actions. These actions are:

Types of Assault and the Penalties You May Face in Texas

There are six different types of assault recognized by the state of Texas. They are as follows:

  • Class C Misdemeanor Assault

This is the lowest level of criminal offense in Texas. This type of assault is also referred to as “assault by threat” or “assault by offensive contact.” You can be charged for this offense if you physically touch someone in an offensive or provocative way or even if you intentionally or knowingly threaten to harm someone without doing so.

You will face a fine of up to $500 for this offense.

  • Class B Misdemeanor Assault

This charge only happens in the context of a sports game. If an individual causes a sports referee or player physical harm or threatens harm, he/she can be charged with a Class B misdemeanor assault. This charge can result in a fine of up to $2,000 and confinement in jail for up to 6 months.

  • Class A Misdemeanor Assault

Class A misdemeanors are considered some of the most serious offenses. This kind of assault occurs when you physically harm another person. It can escalate to a third-degree felony if the harm was committed against a police officer, family member, first responder, or government official. The punishment for this type of an offense is up to one year in jail and up to a $4,000 fine.

An assault becomes a felony when the individual attacked is a:

  • Public servant
  • Family member
  • Roommate
  • Government contractor for Family Services
  • Emergency first responder or another medical professional
  • Security professional
  • Third-Degree Felony Assault

The punishment for a felony is much more severe than a misdemeanor. You could face up to 10 years in prison and up to $10,000 in fines.

  • Second-Degree Felony Assault

This charge is used for assault with a deadly weapon or assault that caused an individual serious bodily harm. This type of assault carries a penalty of up to 20 years of time in jail and up to $10,000 in fines.

  • First-Degree Felony Assault

This is the most severe assault charge. Examples include attempted capital felonies like murder, arson causing death, aggravated robbery, felonies using a deadly weapon, and sexual assault. The penalties for this type of assault include anywhere between 5 years to life in prison and up to $10,000 in fines.

Sexual Assault in Texas

Texas defines sexual assault as one individual intentionally or knowingly doing the following:

  • Penetrating the sexual organ or anus of another individual without that person’s consent
  • Penetrating the mouth of another individual using a sexual organ without that person’s consent
  • Causing the sexual organ of another person, without consent, to touch or penetrate the mouth, anus, or sexual organ of another person

Without consent refers to one person forcing another person to perform or receive a sexual act using physical force, violence, or coercion. It can also refer to an individual who is unconscious, under the influence of a substance, physically unable to resist this assault due to a mental disease or defect, unaware of the sexual assault, or afraid to deny the act as the individual committing it is in a position of power and influence.

What to Do if You Are a Victim of Sexual Assault

If you are a victim of sexual assault, the first step you should take after someone assaults you is to focus on your safety. Call 911 to notify law enforcement and file a police report if you wish. Contact a hotline, such as the Rape Abuse Incest National Network at 800-656-4673, to gain access to resources and establish a plan with details about how to protect yourself. Hire a lawyer to learn more about obtaining a protective order and potentially filing a lawsuit against your attacker.

What to Do if You Have Been Falsely Accused of Committing Sexual Assault

The ramifications of sexual assault in Texas – especially repeat offenses – are harsh. You could face fines and significant jail time. The first step you should take after being wrongly accused is to contact a lawyer at our firm. We are happy to assist you as you navigate this difficult time.

Book a Consultation with One of Our Fort Worth Assault Lawyers

Assault should not be taken lightly – especially if you were falsely accused. There are long-term consequences for everyone involved in an assault case. If you were falsely accused, you should contact us today to learn how we can defend you.

If you are a victim of assault, we cannot even begin to imagine what you have been through, but we are ready and willing to do everything in our power to make sure your rights are protected.

Reach out online or call us at (817) 497-8148 for a consultation with one of our attorneys.

Meet Our Team 

Dedicated Legal Professionals
  • Mark M. Childress
  • Desiree A. Hartwigsen
  • Sarah E. Robbins
  • Konnor N. Lee
  • Laura E. Richardson
  • Melissa S. Mozingo
  • Amie M. Wilson
  • Kristie M. Falbo
  • Rick J. Mitchell
  • Kelsie Connell
  • Mark M. Childress Mark M. Childress

    Founding Attorney

    Honors & Awards Top Young Lawyers in Texas Tarrant County's Top Attorney's Top Attorneys – Fort Worth Magazine - 2008 TO ...
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  • Desiree A. Hartwigsen Desiree A. Hartwigsen

    Managing Attorney

    Desiree A. Hartwigsen grew up in Stephenville, Texas where she graduated from Tarleton State University with a Bachelor of Science in Criminal Justice. During her time at Tarleton, Desiree studied abroad in London, England at Queen Mary’s University where she studied Comparative Criminal Justice.
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  • Sarah E. Robbins Sarah E. Robbins

    Senior Litigator

    Sarah E. Robbins is the newest member of the team at the Law Offices of Mark M. Childress, PLLC. She was born and raised in Colorado where she graduated from the University of Colorado with a Bachelor of Arts Degree in Psychology and a minor in communications. After a visit to her uncle’s law office at the age of six, Sarah decided to follow in her uncle’s footsteps and become a lawyer.
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  • Konnor N. Lee Konnor N. Lee

    Supervising Attorney

    Konnor Lee was raised in Arlington, TX and attended the University of Arkansas , where she graduated with a Bachelor of Arts ...
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  • Laura E. Richardson Laura E. Richardson

    Senior Litigator

    Raised in Westchester County, New York, by two corporate attorneys, attending law school after graduating from Dartmouth was ...
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  • Melissa S. Mozingo Melissa S. Mozingo

    Lead Litigator

    After working as a legal assistant for a year, Melissa knew she wanted to pursue a career in law. Melissa graduated from the ...
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  • Amie M. Wilson Amie M. Wilson

    Senior Paralegal

    Amie began working in family law as a receptionist in a small private practice where she was tasked with answering the telephone, corresponding with clients and court staff and handling a multitude of other administrative duties. Amie’s ability to multitask and her attention to detail lead her to be tasked with handling an overflow of paralegal work.
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  • Kristie M. Falbo Kristie M. Falbo

    Lead Litigator

    Associate Attorney Kristie M. Falbo is a Houston native who worked as a prosecutor for nine years in Harrisburg, Pennsylvania ...
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  • Rick J. Mitchell Rick J. Mitchell

    Senior Litigator

    Rick Mitchell graduated from the University of Tulsa College of Law in 2001, where he was a two-time member of the Dean’s ...
  • Kelsie Connell Kelsie Connell


    Kelsie grew up in Denton, Texas where she discovered her passion with helping others through law. Kelsie began as a legal ...
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Why Choose Us for Your Family Matters?

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    Our Attorneys personally handle each case themselves. You will have direct access to your attorney to be able to get the answers that you need. 

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    Honesty and transparency are critical in building trust with your attorney. You will always know what is going on with your case every step of the way.

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    At our firm you're not just a case number, our staff will always know the status of your case and help to make your situation more manageable.

  • Personalized Approach

    Our team understands that no two cases are the same. Your strategy will be tailored specifically to you and your family's goals.

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