Question 1

Can You Be Arrested For Assault In Tarrant County, TX Without Making Actual Physical Contact?

Accepted Answer

When most people think about assault, they imagine a physical fight or some kind of contact. But in Texas, that’s not always the case. Verbal threats and intimidating behavior, even without a single punch thrown, can still lead to serious criminal charges. In this article, we’ll discuss…

What qualifies as assault by threat under Texas law.
How prosecutors prove intent in cases of assault by threat.
What to do if you’re falsely accused, and how an attorney can help.

Question 2

What Qualifies As “Assault By Threat” Under Texas Criminal Law?

Accepted Answer

You can be charged with assault by threat in Texas even if there’s no physical contact. The lowest-level offense is a Class C misdemeanor, which can apply when someone threatens another person. In these situations, police have discretion. Sometimes they’ll issue only a citation requiring you to appear in court, but they are legally allowed to make an arrest.

A more serious charge is terroristic threat under Texas Penal Code § 22.07, which involves threatening to kill someone with the intent of making them believe you’ll follow through. The penalties vary depending on who the victim is. If a stranger or non-family member, you’re looking at a Class B misdemeanor. If a family or household member, you’ll face a Class A misdemeanor. In these situations, an arrest is more likely, especially if police are called to the scene.

Question 3

Can Words Or Verbal Threats Alone Result In An Assault Charge In Texas?

Accepted Answer

Under Texas Penal Code § 22.01, words alone can result in an arrest if you intentionally or knowingly threaten someone with imminent bodily injury. The severity of the charge depends on:

What was said
How it was said (tone and context)
The relationship to the alleged victim

Question 4

How Can The Prosecution Prove I Intended To Cause Fear Of Harm?

Accepted Answer

Proving intent requires examining both subjective and objective factors. Subjectively, the question is whether you intended for the other person to believe you would act on the threat. Objectively, it asks whether a reasonable person in the same situation would believe you were serious.

For example, threatening a much larger person in a joking or exaggerated way may not be taken seriously. But if your words and tone suggest you intended harm, the law may still treat it as assault. Prosecutors will look closely at:

The exact words used
Whether the threat was conditional or immediate
The relationship between the parties
Whether there were witnesses or prior interactions

Question 5

What Are Common Real-Life Examples Of Assault Cases Without Physical Contact?

Accepted Answer

Examples can range from everyday disputes to serious confrontations. Some scenarios include telling a neighbor, If you come on my lawn again, I’ll hurt you. Or saying something like, I’m going to grab a bat and break your legs. Also, threatening someone with a weapon, even if you don’t actually have one, can constitute assault.

Property threats like I’ll key your car don’t qualify as assault by threat, since the law requires a threat of personal harm.

Question 6

What Should I Do If Falsely Accused Of Threatening Behavior In?

Accepted Answer

False accusations can—and do—happen. The surest way of protecting yourself comes down to having robust evidence. Look for witnesses, including friends, bystanders, or strangers, to corroborate what actually happened. Gather any video footage, whether surveillance, doorbell, or phone recordings, if at all possible. And be sure to save texts, emails, or messages before and after the incident.

Even if it’s just your word against the alleged victim’s, a jury can convict if they believe the victim beyond a reasonable doubt. Corroboration is key.

Do not speak to the police or provide a written statement without an attorney. Even admitting small details, like acknowledging you were present, can be used against you later.

Notes From The Field : Understanding Defense In Assault-By-Threat Cases

Assault-by-threat cases frequently arise in the context of family disputes. One family member may accuse another of making threats, and without surveillance footage or independent witnesses, the case can come down to one person’s word against the other’s. Juries tend to ask:

What motive would the alleged victim have to lie?
Is there prior conflict that affects credibility?
Is there corroborating evidence?

Police may make an arrest immediately, especially if they believe there’s a risk of future violence. But sometimes, after emotions cool down, victims choose not to pursue charges, making prosecution much more difficult.

No matter the circumstances, voluntary intoxication is never a recognized defense under Texas law. If you chose to drink or use drugs and then made threats, you can still be held responsible. The only exception is involuntary intoxication, such as being unknowingly drugged. In that case, it may be a defense if it can be proven.

For voluntary intoxication, attorneys often shift to mitigation strategies, such as:

Character letters
Counseling or treatment
Demonstrating that the incident was an isolated event

These steps can go far to demonstrate to prosecutors and judges that the client is not a repeat risk.

Question 7

Still Have Questions? Ready To Get Started?

Accepted Answer

For more information on assault charges in Tarrant County TX, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 678-5080 today.