Most people picture a fight or an attack when they think of an assault. That’s because the word “assault” is often associated with physical harm. Under Texas law, however, the definition of assault is broader, and there are non-violent forms that can still result in criminal assault charges.
Bodily Injury Is Not Necessary in Assault Cases
It’s a reasonable mistake to assume that you can’t be guilty of assault if you didn’t cause any physical damage to the other person(s). The definition of assault in the Texas Penal Code mentions bodily injury several times. It’s also true that there are many instances where assault involves violent physical contact.
But you don’t need to have caused bodily injury to someone to still land yourself in criminal court for assault. Below are some examples of what can be considered non-violent assault.
Threats of Physical Harm
This type of assault only involves the threat of imminent bodily injury. While it doesn’t require physical harm actually being done, it still includes conduct that many would consider frightening. In these cases, it’s possible for an assault charge to result from a situation where there is no physical contact of any kind.
Non-Violent Physical Contact Leading to Assault Charges
When can contact that isn’t violent cause you to face charges for assault? The key is that the contact must be offensive or provocative.
However, to charge someone requires more than the alleged victim being offended. The person making contact must know or reasonably believe that their behavior is something the alleged victim would find offensive or provocative.
Examples of Non-Violent Contact Leading to Criminal Charges
Perhaps the most common examples of this type of assault involve sexual contact. Unwanted touching in the form of groping, kissing or simulated sexual acts can be found offensive or provocative. Even a hug can form the basis of criminal assault if the person being hugged has indicated that that kind of contact is not welcome.
But contact does not have to be sexual to lead to assault charges. Spitting on someone constitutes physical contact, and most people find it a highly offensive and provocative act. Even poking someone in the chest or patting them on the head could be considered provocative, depending on the situation.
Penalties for Non-Violent Physical Contact
While there are situations that can lead to more serious charges, many non-violent assault cases result in Class C misdemeanor charges under Texas law. The penalty for a Class C misdemeanor is a fine of up to $500.
Even if the money isn’t an issue for you, it’s important to understand the importance of avoiding a criminal conviction. An assault record, no matter how minor, can cause you lots of headaches over time.
Contact an Experienced Texas Assault Attorney
At Lee & Wood, GP, we defend clients facing a wide range of charges, including assault. If you need help navigating the criminal justice system, contact us online or call us at 817-678-6771 today. We defend clients charged with assault in Cleburne, Weatherford, Burleson, Granbury, and many other cities in the Fort Worth area.