The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In Texas, assault is defined under Section 22.01 of the Texas Penal Code. The crime of assault in Texas can occur in several ways: intentionally, knowingly, or recklessly causing bodily injury to another; intentionally or knowingly threatening another with imminent bodily injury; or intentionally or knowingly causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. It is important to note that actual physical contact is not necessary for an assault charge; the threat of harm along with the ability to carry out the threat can be sufficient. Assault can range from a Class C misdemeanor (for simple threats or offensive contact) to a felony (for more serious bodily injury or if committed against a public servant, family member, or in domestic situations), depending on the circumstances and the severity of the threat or injury.
