Assault by contact in Texas is a Class C misdemeanor under Penal Code Section 22.01(a)(3), covering intentional physical contact the actor knows or should know the other person will find offensive or provocative.1State of Texas. Texas Code Penal Code 22.01 – Assault The standard penalty is a fine of up to $500 with no jail time.2State of Texas. Texas Code Penal Code 12.23 – Class C Misdemeanor It’s the lowest-level criminal offense in the state, but a conviction can sit on your record indefinitely, and certain circumstances push it well beyond a ticket-like fine.
What the State Has to Prove
Under Section 22.01(a)(3), prosecutors have to establish three things: you intentionally or knowingly made physical contact with another person, you knew or reasonably should have known the contact would be offensive or provocative to them, and the contact actually occurred.1State of Texas. Texas Code Penal Code 22.01 – Assault
Bodily injury is not part of the equation. The state doesn’t have to show pain, bruising, or any physical harm at all. That’s what separates this charge from the more serious assault offenses under subsections (a)(1) and (a)(2), which require either bodily injury or a credible threat of it. Here, the focus sits entirely on the touching and on what the actor knew about how it would be received.
What Counts as Offensive or Provocative Contact
Texas courts apply a reasonable person standard. The question isn’t whether this particular complainant was upset. It’s whether someone of ordinary sensibilities would treat the contact as an affront to personal dignity. Unusual sensitivity doesn’t create a crime, and a complaint alone doesn’t either.
The range of conduct that fits is wide, and most of it falls short of anything that looks like violence. Poking someone in the chest during an argument, flicking a cigarette at someone, grabbing an arm to get attention after being told to back off, or spitting on someone can all qualify. Skin-to-skin contact isn’t required. Touching a person’s clothing, knocking something out of their hand, or deliberately bumping them with a shopping cart can meet the threshold when the actor knew it would be unwelcome.
Context does a lot of work in these cases. A tap on the shoulder in a crowded bar reads differently from the same tap during a heated confrontation. Judges look at the surrounding circumstances, the relationship between the parties, any prior warnings to stop, and whether the contact was aimed at harassing or provoking the other person.
The Standard Penalty
For a straight Class C assault by contact, the maximum punishment is a $500 fine and no jail.2State of Texas. Texas Code Penal Code 12.23 – Class C Misdemeanor The process looks closer to a traffic citation than a traditional prosecution. You’ll get a ticket, and the case is heard in municipal court or justice of the peace court rather than county court. There’s no grand jury, no formal arraignment. You still have the right to a jury trial if you want one, but most cases end through plea negotiations or deferred disposition long before that point.
The $500 cap is the base fine only. Courts add administrative fees and court costs on top, and those vary by jurisdiction.
When the Charge Is Bumped Above Class C
Section 22.01(c) sets out three situations where assault by contact climbs above a Class C misdemeanor:1State of Texas. Texas Code Penal Code 22.01 – Assault
- Assault by contact against an elderly individual or a disabled individual is a Class A misdemeanor, punishable by up to one year in jail and a fine of up to $4,000.
- Assault by contact against someone the actor knows is a sports participant performing that role, when the actor is not themselves a participant, is a Class B misdemeanor, punishable by up to 180 days in jail and a fine of up to $2,000. Referees, umpires, coaches, and administrators in organized amateur or professional athletics fall within “sports participant.”
- Assault by contact against a pregnant individual, committed to force them to have an abortion, is a Class A misdemeanor.
The jump from Class C to Class A is significant. A fine-only ticket becomes an offense carrying up to a year in jail, and the case moves to county court, where the procedure is formal in a way justice and municipal courts are not.
Family Violence Findings and the Firearm Consequence
When the contact involves a family member, household member, or someone in a current or former dating relationship, the court can attach a family violence finding to the case. Texas Family Code Section 71.004 defines family violence broadly, reaching any assault by a member of a family or household against another member.3State of Texas. Texas Code Family Code 71.004 – Family Violence
The charge can stay a Class C misdemeanor, but the finding itself creates consequences a $500 fine doesn’t capture. Any future assault against a family or household member can then be prosecuted as a more serious offense. The finding can also support a protective order restricting where you can go and who you can contact.
And it reaches into federal law. Under 18 U.S.C. ยง 922(g)(9), anyone convicted of a “misdemeanor crime of domestic violence” is permanently barred from possessing firearms or ammunition.4Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal definition covers a misdemeanor with the use or attempted use of physical force as an element, committed against a person in a domestic relationship with the defendant.5Legal Information Institute. Definition: Misdemeanor Crime of Domestic Violence From 18 USC 921(a)(33) The U.S. Supreme Court has read “physical force” in this context to include offensive touching, which means even a Class C assault by contact conviction carrying a family violence finding can permanently disqualify you from lawful firearm possession. There is no exception for military or law enforcement personnel.
Deferred Disposition and Keeping It Off Your Record
Deferred disposition is the single most important option for most people facing a standard assault by contact charge. Under Texas Code of Criminal Procedure Article 45.051, a judge can defer proceedings, place you on conditions, and dismiss the case if you complete every requirement.6State of Texas. Texas Code of Criminal Procedure Article 45.051
To be eligible, you’ll plead guilty or no contest and waive your right to a jury trial. The judge then sets conditions, which can include community service, professional counseling, a psychosocial assessment, restitution to the victim, or other requirements the judge considers reasonable.6State of Texas. Texas Code of Criminal Procedure Article 45.051 You’ll usually post a bond equal to the fine amount and cover reimbursement fees for any required program.
Deferred disposition isn’t automatic. Judges have discretion, and terms differ from court to court and case to case. If you fail to complete the conditions, the court enters a conviction and sentences you as if you’d been found guilty from the start. Completed successfully, the case is dismissed, which opens the door to clearing the arrest from your record entirely.
Background Checks and Expunction
A straight conviction, even a Class C, shows up on criminal background checks. Under the federal Fair Credit Reporting Act, criminal convictions can be reported indefinitely. There is no seven-year cutoff for convictions, though arrest records that didn’t lead to conviction do drop off after seven years.7Consumer Financial Protection Bureau. Fair Credit Reporting – Background Screening A $500 fine-only offense can follow you through every job application, apartment rental, and professional license review for the rest of your life.
That’s why the dismissal route matters. When a case is dismissed after successful deferred disposition, you become eligible to have the arrest records expunged. For Class C misdemeanors, the waiting period is 180 days from the date of arrest. Once records are expunged, they’re destroyed rather than sealed, and you can legally deny the arrest on most applications.
If you were convicted outright without deferred disposition, expunction is generally off the table. Texas does allow orders of nondisclosure that seal certain records from public view, but the eligibility rules are stricter and law enforcement and certain government agencies can still see the sealed records.