Yes, just intentionally making a threat that the other person believes is genuine can result in assault charges in Texas.
This is important to note because many people assume that it is only assault if physical contact is made. But the reality is that someone can be arrested and charged even if there was never any physical contact and they did not harm the other individual. Just making a threat can lead to Class C misdemeanor charges.
What are the ramifications?
One important detail to keep in mind is that the potential sentence for a charge is much different if there is physical contact or not. For instance, a threat may lead to Class C misdemeanor charges, which could lead to a fine of up to $500.
However, if there is physical contact and injury, even without other aggravating factors, this could mean that it is a Class A misdemeanor. This is a much more serious charge that could lead to fines of up to $4,000 and up to a year of incarceration.
What are aggravating factors?
Some cases do have aggravating factors present, such as if the person being assaulted is a public servant, a family member, an EMT, a police officer or others in certain official positions.
In some cases, these can escalate the charges. For instance, aggravated assault that is committed against a police officer is often a first-degree felony, which could lead to five years to life behind bars, depending on the specifics of the case.
Your defense options
This helps show how every assault case is different, and there are many details that need to be considered when facing charges. If you find yourself in this position, it is critical that you know exactly what charges you are facing and what legal defense options you have.
