Can I Be Charged With Assault if There Was No Physical Contact?

 Posted on September 15, 2025 in Criminal Defense

Many people assume assault charges only apply if someone is physically attacked. But in Texas, prosecutors can bring assault charges even when there was no physical contact. Threats, aggressive gestures, and certain intimidating actions can all lead to criminal consequences. 

If you never touched your accuser, you may still be surprised to find yourself facing assault charges. In situations like this, it is important to understand what the law says and how to defend yourself. A Decatur, TX assault defense lawyer can give you the defense you need if you have been accused of assault without ever laying a hand on anyone.

What Does Texas Law Consider Assault Without Contact?

According to Texas Penal Code §22.01, assault does not only mean hitting, punching, or shoving someone. You can be charged with assault if you:

• Intentionally or knowingly threaten another person with imminent bodily injury, even if you do not follow through.

• Do something that makes someone else reasonably fear they are about to be hurt, even if you do not end up hurting them.

Raising a fist, moving aggressively toward someone, or making verbal threats can be enough to land you with an assault charge. The key factor is whether the accuser reasonably believed you were going to harm them.

What Are the Penalties for Threat-Based Assault?

Threatening assault without physical contact is typically treated as a Class C misdemeanor. This is the lowest level misdemeanor, punishable by a fine of up to $500. However, the charges can quickly become more serious depending on the circumstances.

Assault Allegations Involving Family or Household Members

If the alleged victim is a family member, someone in your household, a dating partner, or an ex, the charge can become more serious. These cases are often treated as family violence, which carries more lasting consequences.

Assault Allegations Involving Vulnerable People

When the accuser is elderly or disabled, prosecutors may seek elevated penalties. If the alleged victim is considered a vulnerable person, the case can result in harsher penalties than a standard Class C misdemeanor.

Assault Cases Involving Weapons

Even if no one is physically injured, the case can be escalated if you display or mention a weapon during a threat. You could face jail time, larger fines, and a permanent criminal record.

How Can a Lawyer Defend Against Assault Charges Without Physical Contact?

Since no one was physically hurt, prosecutors often use testimony, police reports, or recordings to argue the accuser felt threatened. A defense attorney can question this evidence, look into the claims, and find weaknesses in the case.

The law requires proof that the threat was real and reasonable. Possible defenses include showing that you were misunderstood, that witness statements are unreliable, or that you did not mean to cause fear. A lawyer can review the allegations and proof, and build a strong case to protect your future.

Contact a Decatur, TX Assault Defense Lawyer

If you are facing assault charges based on threats or accusations without physical contact, the consequences of a conviction can be serious, but you have important rights and options. A San Marcos, TX criminal defense attorney at Godwin Law Firm, PLLC can explain them to you and help you navigate the process. Call 940-255-0000 to schedule a free consultation.