Assault charges in Texas can range from minor misdemeanors to serious felony offenses, depending on the circumstances of the altercation and the facts of the case. While most people might assume that assault always involves physical violence, Texas law defines the offense far more broadly. This can make the law very confusing to most people, and we’d like to help you have a better understanding of what the law means and how it can affect everyone involved.
When the alleged victim is pregnant and the accused knows of the pregnancy, the legal consequences can quickly become serious. In these situations, an assault charge that might otherwise be a misdemeanor can become a felony with long-term repercussions that can affect a person’s job, personal life and freedom.
Helping you to understand how Texas law treats these cases is essential, especially since the consequences reach far beyond the courtroom. In this article we’ll define in detail how the state of Texas approaches assault, when pregnancy turns it into a felony, potential penalties and most importantly, what steps to take if you are accused.
What Counts as Assault Under Texas Law
Under Texas Penal Code Section 22.01, assault includes three different types of conduct:
- Intentionally, knowingly, or recklessly causing bodily injury to another person
- Threatening another person with imminent bodily injury
- Making physical contact that the person knows or should reasonably believe will be considered offensive or provocative
While physical violence is what one would typically associate with assault, you might be surprised to learn that the mere threat of imminent injury also constitutes assault. This means that assault does not always require physical contact or visible injuries. A credible written or verbal threat can be enough to support a charge. Likewise, unwanted touching can qualify even if no harm occurs.
Because of this broad definition, the word “assault” in Texas can describe behavior ranging from a heated argument with threatening language to serious acts of violence. While this wide scope gives law enforcement flexibility to intervene early in potentially dangerous situations, it also means that allegations of assault can be made under a wide variety of interactions. What does that mean for you? These cases often depend heavily on witness statements, body camera footage, home security camera footage, personal phone recordings or emergency 911 recordings rather than physical evidence.
When Assault Becomes a Felony Involving Pregnancy
Texas law enhances assault charges when the victim is pregnant and the defendant knew or reasonably should have known about the pregnancy. Under Section 22.01, this can elevate the charge to a third-degree felony.
It’s important to understand that pregnancy alone does not automatically make an assault a felony. The prosecution must prove that an assault occurred, the victim was pregnant at the time, and the defendant knew or reasonably should have known about the pregnancy.
The knowledge requirement is critical in this felony charge. If the accused was genuinely unaware that the person was pregnant, that fact can become a central issue in the defense.
What the State Must Prove
To secure a conviction for felony assault on a pregnant person, prosecutors must establish each legal element beyond a reasonable doubt:
- The defendant committed an act that qualifies as assault under Texas law.
- The victim was pregnant at the time.
- The defendant had knowledge of the pregnancy.
If the case involves allegations of fetal injury or miscarriage, the state must also prove the medical cause. This often requires expert testimony, and prosecutors must show that the specific assault caused the injury or loss, not some unrelated medical condition.
For instance, you might be surprised to learn that the majority of miscarriages are caused by chromosomal abnormalities of the fetus. A successful defense might include genetic testing of the fetal remains to determine whether the miscarriage was caused by such abnormalities and unrelated to any alleged assault.
Accused but Not Arrested? Checking for a Warrant
Being accused of a crime doesn’t always mean an arrest has already happened. In some cases, law enforcement may seek a warrant before taking someone into custody.
If you believe you may be under investigation, it is important to understand your legal status. Online warrant search tools are available that allow individuals to discreetly check for active warrants. Using these tools can help you avoid surprises, such as discovering a warrant during a routine traffic stop or being arrested while at your job.
If a warrant for your arrest exists, consulting with an experienced criminal defense attorney immediately can help you plan the safest and most strategic next steps.
What Happens After an Arrest
After an arrest in Texas for assault, defendants are typically taken before a magistrate who sets bond and any conditions of release. Bond amounts vary based on criminal history, severity of the allegations, risk of flight and community safety concerns. Conditions of bond might include no-contact orders, GPS monitoring, drug or alcohol testing and curfews.
Violating bond conditions can result in immediate jail time and additional charges. It’s crucial that the accused maintain all conditions of release, not only to ensure their continued freedom before trial, but also compliance can help with a solid defense.
This is often when families begin searching for bail bond services in Texas to help secure release while the case is pending.
Possible Sentencing and Long-Term Consequences
Criminal Penalties
A third-degree felony in Texas carries a penalty of 2-10 years in prison and a fine of up to $10,000.
Judges consider many factors when determining a sentence, including prior criminal history, severity of the incident, and whether the defendant accepted responsibility. Remember, just because you are charged, does not mean you are guilty! You are entitled to a jury trial before your peers, and will have the opportunity to defend yourself against this serious charge.
A felony conviction in Texas can also affect:
- Employment opportunities
- Professional licenses
- Housing applications
- Immigration status
- Child custody disputes
- Firearm possession
The consequences of being convicted of assault on a pregnant woman often last long after any jail or prison sentence ends.
Complicating Factors: Fetal Injury or Loss
Texas recognizes an unborn child as an “individual” for purposes of homicide law. If an assault causes a miscarriage or stillbirth, prosecutors may decide to pursue homicide charges depending on the facts.
There is no specific time limit in the statute. Instead, causation must be proven through evidence such as medical records, ultrasounds, pathology reports and genetic testing.
What to Do If You Are Accused
If you are accused of assault on a pregnant person:
- Do not speak to police without a lawyer
- Check for outstanding warrants
- Preserve any evidence
- Seek assistance with a bail bond
- Avoid violating bond conditions
- Retain an experienced criminal defense attorney immediately
Early legal representation can make a significant difference in the outcome of your case.
Frequently Asked Questions
Is assault on a pregnant woman in Texas automatically a felony?
No. The prosecution must prove the defendant knew the victim was pregnant.
Can a verbal threat alone result in charges?
Yes. Physical contact is not required to prosecute a charge of assault under Texas law.
How do I know if there is a warrant for my arrest?
If you recently had contact with law enforcement or missed court, using a warrant search tool may help confirm your status.
Do felony convictions affect gun rights?
Yes. Federal law permanently prohibits firearm possession by felons.
