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Know Your Rights After an Arrest

In Texas, you don’t even have to be engaged in a physical fight to be charged with assault. Making sexual advances or excitedly grabbing someone’s wrist can carry consequences. Since assault is a criminal charge linked to violence, the crime is taken very seriously by the judicial system, even if the action seemed harmless to you.

As an experienced criminal defense lawyer in Houston, Samuel M. Gardner knows that many people with innocent intentions can be charged with assault. Call (713) 489-2358 to schedule a meeting with Mr. Gardner and discuss the details of your case.

Classifications of Misdemeanor Assault

If someone was engaged in a minor conflict (that is, no injuries occurred that the courts would deem “serious”), the charge would depend on the situation. You can only be arrested at the crime scene for misdemeanor assault if a police officer is present and witnesses the crime. Special exceptions are made in the event of domestic violence. If an officer is not in attendance, the defendant will be summoned to court or subject to an arrest warrant.

There are three classifications of misdemeanor assault in Texas:

  • Class C – The Texas Penal Code defines a Class C misdemeanor as “intentionally or knowingly causing physical conduct with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative.” This means that brushing up against someone during an altercation, laying a hand on their arm, or sexual advances could all lead to a Class C minor assault charge. Class C’s are also given to defendants if the victim seriously believed they were in physical harm based on the threats made by the defendant.
  • Class B – If the threats were made against a sports official, the charge is elevated to Class B. Likewise, if an assault was made in retaliation for a sports-related incident, the crime is usually considered a Class B misdemeanor.
  • Class A. Class A misdemeanors are usually physical altercations that result in minor injuries. Bodily injury is a very broad term and includes any physical pain the plaintiff experiences. There doesn’t have to be any physical evidence of the altercation. The plaintiff doesn’t have to bear bruises, scrapes, or swelling to get a conviction, as long as there is some proof linking the assault to pain. Physical threats against seniors are also considered Class A offenses.

Learn the Penalties- Make Informed Decisions

If you have just been charged with assault, call a lawyer immediately. Even misdemeanors can result in jail time: Class A misdemeanors have maximum penalties of one year in prison and fines up to $4,000. In many cases, a prosecutor will offer a plea deal where you will only have to pay a fine if you plead guilty. This is still not an ideal outcome. Having an assault on your permanent criminal record is far worse than a fine.

Houston criminal defense lawyer Samuel M. Gardner can review your case and help you sort through all the possible options. His goal is to educate clients on their charges and the consequences so they can make informed decisions for their future.

Call (713) 489-2358 today to discuss your case with a knowledgeable assault and battery lawyer.


Take a look at our results.
  • Not Guilty Charged with Murder
  • Not Guilty Charged with Assault & Battery
  • Jury Trial / Not Guilty Failure to Register as a Sex Offender
  • Case No Billed Felony Theft
  • Jury Trial / Not Guilty Accused of Evading Arrest
  • Dismissed Accused of Theft $1500 – $20,000
  • Motion to Suppress Granted / Dismissed Accused of Possession of Marijuana
  • Jury Trial / Not Guilty Accused of Assault Family Member
  • Dismissed Accused of Possession of a Prohibited Weapon
  • Grand Jury Packet Submitted, Case No Billed Accused of Robbery Bodily Injury

Client Testimonials

  • “He guided me and fought my case with confidence then eventually the case was dismissed!”

    Albert G.

  • “Mr. Gardner was always on time, straightforward, and down to earth. When the DA decided they wanted to push forward, Sam believed that we had a shot to win. The case came, and I did everything Mr. Gardner told me to do.”

    Previous Client

  • “Great reasonable lawyer.”

    Heather F.

  • “Mr. Gardner took the time to go over the police report with me and show me why the evidence should be thrown out.”

    Previous Client

  • “I would recommend Mr. Gardner to anyone who looking to either beat their case or get the best deal possible. I have a long criminal history and I just knew that I was facing some time; However, I'm free thanks to Mr. Gardner.”

    Previous Client