An assault charge in Texas can cost anywhere from a $500 fine at the lowest level to well over $10,000 in statutory fines alone at the felony level, and once you add attorney fees, bail, court costs, probation fees, and restitution to the victim, the real out-of-pocket number for a contested case regularly runs from $8,000 for a straightforward misdemeanor to $80,000 or more for a felony taken to trial. How much does an assault charge cost in Texas depends on how prosecutors classify the offense, whether the alleged victim is a family member, your criminal history, and whether you hire a private attorney or qualify for a court-appointed one.
The Statutory Fine by Charge Level
The fine the state can impose is set by the Penal Code and tied directly to how the offense is classified. Texas Penal Code Section 22.01 recognizes three forms of assault: causing bodily injury, threatening someone with imminent bodily harm, and offensive or provocative physical contact. A threat or offensive contact with no injury is a Class C misdemeanor. Causing bodily injury is a Class A misdemeanor. The charge becomes a third-degree felony when the victim is a public servant, emergency responder, security officer, hospital worker, process server, or family or household member, and a second-degree felony when the victim is a peace officer or judge.1State of Texas. Texas Penal Code 22.01 – Assault
Aggravated assault under Section 22.02, which involves serious bodily injury or a deadly weapon, starts as a second-degree felony and climbs to a first-degree felony when a deadly weapon is used against a family member, when the defendant is a public servant, when the target is a witness or informant, or when the assault is part of a mass shooting.2State of Texas. Texas Penal Code 22.02 – Aggravated Assault
The maximum fine for each classification:
- Class C misdemeanor: up to $500.3State of Texas. Texas Penal Code 12.23 – Class C Misdemeanor
- Class A misdemeanor: up to $4,000.4State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
- State jail felony: up to $10,000.5State of Texas. Texas Penal Code 12.35 – State Jail Felony Punishment
- Third-degree felony: up to $10,000.6State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
- Second-degree felony: up to $10,000.7State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
- First-degree felony: up to $10,000.8State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment
The $10,000 cap is the same across every felony level. Higher felony classifications don’t cost more in fines; they cost more in prison time. That’s why the fine itself is often the smallest piece of what an assault case actually costs.
Attorney Fees
Legal representation is usually the single largest expense. Private attorneys handling misdemeanor assault cases typically charge flat fees of $1,500 to $10,000. Felony assault representation runs $5,000 to $70,000 as a flat fee depending on complexity, or $150 to $750 per hour when billed hourly. Aggravated assault cases and cases headed to trial land at the top of those ranges.
If you can’t afford to hire a lawyer and the charge could result in jail or prison, you have a constitutional right to a court-appointed attorney. Eligibility generally requires household income at or below 75% of the federal poverty guidelines, receipt of certain public benefits, or monthly income minus necessary expenses below $300.9Texas Indigent Defense Commission. My Rights Court-appointed counsel is not always free afterward; some counties seek partial reimbursement.
Bail and Getting Out Before Trial
Bail is the first bill most defendants face. A judge sets the amount based on the severity of the charge, your criminal history, prior failures to appear, and whether family violence is involved.10State of Texas. Texas Code of Criminal Procedure Article 17.15 – Rules for Setting Amount of Bail
Cash bail requires paying the full amount to the court, refunded when you appear for every setting. Most people use a bondsman instead and pay a non-refundable fee of roughly 10% of the bail. On $10,000 bail, that’s $1,000 you don’t get back regardless of the outcome.
A personal bond, where you’re released on your promise to appear with no cash posted, is generally unavailable for assault involving violence. Texas law specifically restricts personal bonds for defendants charged with offenses involving violence, and assault causing bodily injury under Section 22.01(a)(1) is on that restricted list.11State of Texas. Texas Code of Criminal Procedure Article 17.03 – Personal Bond For a Class C assault (threats or offensive contact without injury), a personal bond may still be an option.
Court Costs and Probation Fees
Every conviction triggers consolidated court costs set by statute. These mandatory fees fund things like courthouse security and the state’s crime victims’ fund, and they vary by offense level. A judge can reduce or waive them if you demonstrate inability to pay.
If the sentence includes community supervision, probation brings its own ongoing costs: monthly supervision fees, drug testing fees, anger management or batterer intervention classes, and community service administration costs. These accrue every month of the supervision term. A violation can lead to revocation, with the full original jail or prison sentence imposed on top of everything you’ve already paid.
Restitution to the Victim
Separate from the fine, a court can order restitution directly to the victim for losses caused by the assault. Restitution covers medical bills, lost income, property damage, and counseling costs. If the judge declines to order restitution or orders only a partial amount, the reasons must be stated on the record.12State of Texas. Texas Code of Criminal Procedure Article 42.037 – Restitution
There is no statutory cap on restitution. When a victim has surgery, extended rehab, or significant missed work, the restitution figure can dwarf the statutory fine. This is often the single largest financial consequence after attorney fees, and it is owed to the victim rather than the state.
What a Family Violence Finding Adds
When the alleged victim is a family or household member, the judge must enter an affirmative finding of family violence in the judgment if the evidence supports it.13State of Texas. Texas Code of Criminal Procedure Article 42.013 That finding has financial consequences that reach well beyond the case.
Any future assault against a family member is automatically bumped from a Class A misdemeanor to a third-degree felony, which multiplies the cost of any subsequent charge.1State of Texas. Texas Penal Code 22.01 – Assault The finding also triggers a lifetime federal firearms ban under 18 U.S.C. ยง 922(g)(9), which prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.14Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts For people whose jobs require firearms (law enforcement, security, military), this often means lost employment, which is a cost that doesn’t appear on any invoice.
Prior felony convictions compound the exposure. Under Penal Code Section 12.42, a prior felony bumps a third-degree offense to second-degree punishment, a second-degree to first-degree, and a first-degree with one prior felony to fifteen to ninety-nine years or life. Two sequential prior felonies push the minimum to twenty-five years regardless of the current offense’s degree.15State of Texas. Texas Penal Code 12.42 – Penalties for Repeat and Habitual Felony Offenders Longer potential sentences typically mean higher bail, higher attorney fees, and a stronger push toward trial, all of which raise the total bill.
A Realistic Total
Add the pieces together and the picture clarifies. A straightforward Class A misdemeanor assault handled by a private attorney, with a bail bond, court costs, and a term of probation, commonly costs $8,000 to $15,000 out of pocket before any restitution. A contested felony assault case taken to trial runs $30,000 to $80,000 or more in legal fees alone, with restitution, bond premiums, court costs, and probation or incarceration costs stacked on top. Lost wages during pretrial detention, the long-term employment effect of a criminal record, and the collateral costs of a family violence finding extend the financial damage for years after the case file closes.