When people think of assault, they often picture physical violence or injury. In Texas, however, the law defines assault in a way that includes actions where there is no physical contact at all. Assault does not always mean hitting, punching, or other forms of physical harm. Texas law considers actions that place another person in fear of harm as forms of assault as well. So yes, you can press charges for assault even if there has been no physical contact.
In Texas, assault can occur simply by making someone feel threatened or afraid. This idea of non-physical assault may seem confusing, but the law is clear. If someone causes you to feel that you are in danger, even if they do not touch you, it can still count as assault under the law. Texas law takes such threats very seriously, especially when a person feels fearful or intimidated due to someone else’s actions or words. At, Wilder Law Firm , we are here to guide you through the legal process and help you navigate the complexities of your case.
Texas Laws on Assault Without Physical Contact
The Texas Penal Code outlines what assault means. According to the law, assault can be committed in three main ways. The first and most common type is when someone intentionally or knowingly causes physical injury to another person. But the second type does not require any physical harm. Instead, assault can occur when someone intentionally threatens another person with imminent bodily injury. Finally, the third type involves physical contact that might be considered offensive or provocative, even if it does not hurt the other person.
The key factor for assault without contact is that the threat must be real and immediate. The person making the threat must cause the other person to feel that something bad could happen right away. A threat about something in the distant future might not be enough. The law only covers situations where a person feels an immediate sense of danger due to someone else’s words or actions.
PROTECTING YOUR RIGHTS AND FUTURE Attorney Douglas Wilder has always stayed on the cutting edge of training and attending seminars to ensure he has the most knowledge he can to represent his clients. This has led him to be recognized as one of the Best Lawyers under 40 in Dallas by D magazine, and also recognized as a Super Lawyer for 2012, 2013, 2014, 2015, 2016, 2017, 2018, 2019, 2021, 2022, & 2023. .
Criminal Defense Attorney
Douglas Wilder
Examples of Assault Without Physical Contact
Sometimes, it helps to look at examples to understand this type of assault. Imagine someone raises their fist at you in a way that suggests they might hit you. Even if they do not actually make contact, you might feel scared or threatened. Another example could be a situation where a person verbally threatens you, saying something like, “I’m going to hurt you.” If these words make you fear for your safety in that moment, then it could be considered assault.
These types of actions do not leave any physical mark, but they can leave lasting emotional scars. Feeling threatened or afraid can be very unsettling, and Texas law recognizes this. If you feel threatened by someone’s actions or words, it can be possible to take legal action. You do not have to experience physical pain or injury for it to count as assault.
How to Press Charges for Non-Physical Assault
If you believe someone has assaulted you without making physical contact, you may wonder how to move forward. Pressing charges for non-physical assault in Texas involves a few steps. First, it is often helpful to gather any evidence that shows what happened. This could include witness statements, video recordings, or text messages where the person made threats. Having strong evidence can make a big difference in your case.
The next step is to report the incident to the police. They will likely ask for a description of what occurred and may take statements from any witnesses who saw or heard the assault. You should describe the actions and words that made you feel threatened and explain why you believed the threat was immediate. The police will look at all the details and may decide to move forward with pressing charges based on the information you provide.
The Wilder Law Firm helped me overcome my case with the most favorable outcome possible. My case was dismissed very quickly and they kept me updated throughout the process. They handled all of my court appearances which kept me from having to spend time away from work. I greatly appreciate their help and would highly recommend them.” - Forrest Davis I hired the Wilder Law Firm to help with my Family Violence Citations due to it’s remarkable reviews, experience in the field and high approval rating! The firm successfully resolved my cases and got both of them dismissed. This has not only given me a greater relief, but I’m happy and excited that I have no record to worry about. Thank you everyone at the Wilder Law Firm for the support and patience with me. I’m very excited." - Steve Ak My advice– call Wilder Law Firm– they will help you! I had two cases in two different courts and they were able to get both dismissed! Facing these two charges put me in a really hard time for a few months but with the Wilder Law Firm’s help, I was able to put all this past me and move on with a clean record. This was a hard life lesson but I am thankful for the results." - Rudy Castanon
Potential Consequences for Non-Physical Assault
Assault charges in Texas can lead to serious penalties, even when no physical contact occurred. The level of punishment depends on several factors, including the circumstances of the threat and the relationship between the people involved. A non-physical assault charge could be a Class C misdemeanor, which might result in a fine if someone is found guilty. However, the charge could become more severe depending on the situation.
For instance, if someone threatened you with a weapon, even if they did not use it, the assault charge could be more serious. Or if the threat involved a family member, it might lead to a different type of assault charge under Texas law. The possible penalties can range from fines to jail time, depending on the details. So while non-physical assault might seem less severe, Texas law treats these actions with importance and can impose significant penalties.
Why Assault Without Contact Matters
Non-physical assault laws are in place to protect people from threats and intimidation. These laws recognize that harm does not always have to be physical. Sometimes, words and actions can cause deep fear and distress, and the law is designed to protect people from feeling this way. No one should have to live in fear of harm, whether that harm is physical or simply threatened.
In some cases, non-physical assault may be just as harmful as physical harm. A person who feels constantly threatened or intimidated might suffer from anxiety, stress, or other mental health issues. This is why Texas has laws that allow for pressing charges in cases where no physical harm occurred. By allowing people to press charges for non-physical assault, Texas law aims to create a safer environment for everyone.
700+ ACQUITTALS, DISMISSALS & REDUCTIONS FOR OUR CLIENTS
Self-Defense in Cases of Non-Physical Assault
One question that may come up is whether you can defend yourself in cases of non-physical assault. Texas has self-defense laws that allow people to protect themselves if they feel threatened. However, the way you can respond depends on the situation. Texas law allows people to use force in self-defense if they reasonably believe they are in immediate danger of harm.
If someone threatens you and you believe they might hurt you right away, you may have the right to defend yourself. But it is important to remember that self-defense must match the level of threat. For example, if someone yells a threat at you but does not seem ready to follow through, using physical force might not be considered reasonable. In cases of non-physical assault, self-defense should be carefully considered to avoid making the situation worse.
When to Seek Legal Help
If you have been a victim of non-physical assault, seeking legal assistance can be a wise choice. Understanding Texas law on assault without contact can be challenging, especially if you are unfamiliar with legal terms and processes. A lawyer can help you understand whether your case qualifies as non-physical assault and guide you through the steps of pressing charges.
Legal assistance can also be valuable if you feel confused or uncertain about how to proceed. A lawyer can explain your rights and help gather evidence if needed. They can also provide advice on what to expect if the case goes to court. Pressing charges for non-physical assault may seem overwhelming, but with the right guidance, you can navigate the process more smoothly.
If you or someone you know has been affected by a situation involving non-physical assault, Wilder Law Firm is here to help. Our team understands the serious impact that threats and intimidation can have, even if no physical contact is involved. We can provide the support and guidance you need to understand your rights and make informed decisions about pressing charges. Whether you are facing a threat or have questions about assault laws in Texas, Wilder Law Firm is dedicated to helping you achieve the best outcome for your situation. Reach out today to find out how we can assist you in protecting your safety and rights.