Domestic Assault vs. Simple Assault in Texas: Key Differences
At McDougal Law Firm, we often meet clients who are facing assault charges and are uncertain about what those charges truly mean. In Texas, assault charges can fall into several categories, and understanding the difference between domestic assault and simple assault is essential when preparing a criminal defense.
The type of charge filed against a person can have a direct impact on the possible penalties, long-term consequences, and available legal strategies.
We’ve represented many individuals in Texas who found themselves charged with assault in situations that escalated quickly or were misinterpreted. In building a solid criminal defense, we begin by clarifying the nature of the accusation and what the prosecution must prove.
Texas law distinguishes between general assault and domestic violence-related assault, and the differences carry significant legal weight.
How Texas Law Defines Simple Assault
Simple assault in Texas is defined under Texas Penal Code § 22.01. It covers a wide range of behavior, including intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing physical contact that the victim would regard as offensive or provocative.
What makes an assault “simple” is the absence of aggravating factors such as a deadly weapon or a familial relationship.
We see simple assault charges often arise from bar fights, road rage incidents, or other heated arguments that result in physical contact or threats.
From a criminal defense standpoint, these cases are typically classified as misdemeanors unless bodily injury is involved. In that case, the charge could be a Class A misdemeanor, which carries more serious consequences than a Class C citation for offensive contact or threats.
Despite the term “simple,” these charges should not be taken lightly. A conviction for simple assault can still impact employment, housing, and professional licensing. That’s why we always encourage clients to seek legal guidance early in the process.
What Makes an Assault “Domestic” Under Texas Law
In contrast to simple assault in criminal defense, a domestic assault charge involves an alleged victim with a specific relationship to the accused. Texas law defines domestic violence broadly, and under the Family Code, it includes spouses, former spouses, romantic partners, roommates, and family members by blood or marriage.
If someone is accused of committing an assault against a person with whom they share a domestic relationship, the charge becomes domestic assault—even if the conduct is the same as in a simple assault.
This change in classification affects both how the case is prosecuted and how it is perceived by the courts. A criminal defense strategy for domestic assault must take into account the heightened legal and social implications of such a charge.
Prosecutors often take domestic assault cases seriously, especially if children are present or there’s a prior history of violence. The penalties can escalate quickly, even on a first offense.
We spend a lot of time with our clients breaking down how these accusations may affect their record, their ability to possess firearms, and even their parental rights.
Penalties for Simple Assault vs. Domestic Assault
The punishment for simple assault depends on the nature of the alleged conduct and the victim’s status. For instance, threatening someone or making offensive contact is generally charged as a Class C misdemeanor, which is punishable by a fine.
If bodily injury occurs, the charge can rise to a Class A misdemeanor, and if the victim is one of the following, it can escalate to a felony:
Public servant
Emergency worker
Elderly person
Domestic assault can carry the same penalties as simple assault for a first offense, but if the person has a prior conviction for domestic violence, the new charge can become a third-degree felony.
A felony conviction carries much more severe consequences, including prison time and a permanent criminal record. In some situations, even a misdemeanor domestic assault can lead to the loss of gun rights under both Texas and federal law.
In our criminal defense practice, we work to present a full picture of the incident, including witness statements, video footage, and the history of the relationship. Many times, there is more to the story than what the arresting officer included in the report. Our job is to bring those facts to light and protect our client’s rights in the process.
Protective Orders and Their Impact
Another key difference between simple assault and domestic assault cases is the likelihood of a protective order. In domestic assault cases, judges often issue protective orders either during or after the criminal proceeding.
These orders can prohibit contact between the accused and the alleged victim, restrict access to a shared residence, and even affect child custody arrangements.
Protective orders are enforceable through criminal penalties. If someone violates the terms, they may face new criminal charges on top of the original assault accusation.
We regularly advise clients on how to comply with protective orders while also defending themselves in court. These orders can last for months or even years, and their terms can feel burdensome.
From a criminal defense perspective, protective orders must be approached carefully. Violating one—even unintentionally—can significantly damage the chances of a favorable outcome in the underlying case.
Criminal Record and Long-Term Effects
A conviction for domestic assault or simple assault becomes part of a person’s permanent criminal record.
This can have far-reaching consequences, from housing and employment restrictions to immigration issues. Domestic assault convictions are particularly damaging because they are viewed as violent offenses tied to personal relationships.
In Texas, some assault charges may be eligible for expunction or nondisclosure, but this depends on the outcome of the case.
Deferred adjudication, dismissal, or acquittal may open the door to record clearing in the future. We guide our clients through these options and help them understand what kind of long-term relief may be possible based on the final disposition.
As a criminal defense firm, we know how important it is to consider not just the immediate penalty but also what the charge means for someone’s future. We approach each case with a focus on resolution and recovery.
Building a Defense Strategy
Our approach to defending assault charges depends on the unique facts of each case. In both domestic and simple assault cases, common defenses include self-defense, defense of others, mutual combat, mistaken identity, or false accusation. Witness credibility and physical evidence often determine the strength of a defense.
In domestic assault cases, emotions often run high. We’ve worked with clients who were falsely accused in the middle of a heated breakup or custody dispute. We take time to collect supporting evidence—text messages, phone records, security camera footage—and interview witnesses who can shed light on what really happened.
The criminal defense process starts at arrest and continues through arraignment, pre-trial motions, and potential trial. We prepare every case as if it might go to trial, even if we expect to reach a resolution through negotiation. Our goal is to protect our client’s rights at every stage.
The Importance of Early Representation
Time is critical in any assault case. Early legal representation allows us to intervene with prosecutors, gather key evidence, and develop a strategy that puts our client in the best position. In many cases, early involvement allows us to identify weaknesses in the prosecution’s case or opportunities for pre-trial diversion.
In both domestic and simple assault cases, decisions made in the first few days after an arrest can influence the outcome. Whether it’s challenging the issuance of a protective order, disputing the probable cause for arrest, or presenting exculpatory evidence, we act quickly to protect our clients’ interests.
Clients often come to us feeling overwhelmed by the legal process. Our job is to help them regain control and fight the charges in a way that gives them the best chance at moving forward.
The Stakes
At McDougal Law Firm, we believe every person accused of a crime deserves a defense rooted in truth, fairness, and the presumption of innocence. We’re proud to serve Richmond, Texas, and the surrounding areas. Call today.
