Simple Assault in Texas — What Penal Code §22.01 Actually Covers
Assault under Penal Code §22.01 covers three distinct acts. First: intentionally, knowingly, or recklessly causing bodily injury to another person — a Class A misdemeanor. Second: intentionally or knowingly threatening another person with imminent bodily injury — a Class C misdemeanor that carries only a fine. Third: intentionally or knowingly causing physical contact with another person when the defendant knows or should reasonably believe the contact will be regarded as offensive or provocative — also a Class C misdemeanor. A bar fight, a shove, a verbal threat that put someone in fear of harm — all three scenarios produce assault charges in Bexar County courts.
The most common simple assault charge in San Antonio is a Class A misdemeanor bodily injury assault arising from a domestic situation, a bar confrontation near the River Walk or the AT&T Center, or a workplace incident. The charge is heard in the Bexar County Courts at Law at the Cadena-Reeves Justice Center at 300 Dolorosa Street. DA Joe Gonzales’s office prosecutes it. And if the parties share a domestic relationship, the Bexar County Family Violence Unit takes over — with consequences that extend far beyond the Class A misdemeanor sentence.
Self-defense under Penal Code Chapter 9 is evaluated on every simple assault case we take. The use of force is justified when you reasonably believed it was immediately necessary to protect yourself against another person’s use or attempted use of unlawful force. That standard applies regardless of who called 911 first, regardless of who the responding officers believed, and regardless of what the complaining witness has said since the arrest. Call 210-692-4913 the day of the arrest.
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