What Is the Difference Between Harassment and Assault?

Harassment and assault are similar offenses under Texas law. However, one big difference between harassment and assault in Texas is that assault can involve injurious physical contact, while harassment does not. The charges and penalties you face and the potential effect on your life can also differ.

The difference between these two charges matters for your defense, and it matters for your future. If you’re facing an allegation, or you just want to know where you stand, our Harris County assault lawyers can walk you through it and help you decide what to do next.

How Does Texas Define Harassment?

Under Texas Penal Code Section 42.07, harassment occurs when someone “with an intent to harass, annoy, alarm, abuse, torment, or embarrass” another person performs any of the following:

• Makes an “obscene” request, suggestion, or comment 
• Threatens to harm the other person or to “commit a felony” against them, a member of their household or family, or their property
• Lies and tells the victim that another person has suffered serious harm or death
• Calls another person incessantly or makes anonymous contact by phone that would reasonably be expected to cause annoyance, alarm, abuse, or offense
• Calls someone and refuses to hang up or disengage
• Tracks or monitors another person’s personal property or vehicle without consent, by physically following them or with a tracking app or device
• Publishes repeated communications on social media or another website in a way reasonably likely to cause someone emotional distress, unless they’re about a matter of public concern
• Sends another person repeated texts or other electronic communications in an annoying, harassing, or alarming manner
• Allows another person to use their phone to perform any of the actions above

How Does Texas Define Assault?

Under Texas Penal Code Section 22.01, assault occurs when someone: 

• Knowingly, intentionally, or recklessly injures another person, including the offender’s spouse or
• Knowingly or intentionally threatens to injure the other person, including the offender’s spouse or
• Knowingly or intentionally causes offensive or provocative physical contact with another person.

What Are the Similarities Between Harassment and Assault?

Both charges can be based on a threat against another person. Both charges can be the result of misunderstandings. Harassment and assault charges can also jeopardize your future.

What Is the Charge for Assault?

The charge for assault depends on the specifics. 

A standard assault charge (i.e., knowingly, intentionally, or recklessly injuring another person, including the offender’s spouse) is usually a class A misdemeanor. 

Aggravating factors will lead to elevated charges.

For example, an assault charge is a third-degree felony if:

• The victim is a public servant in the process of discharging their official duties.
• The victim, a public servant, alleges that the assault was in retaliation for or on account of them discharging their public duty. 
• The victim is a romantic partner or member of the offender’s household or family, and the offender has already been convicted of homicide, kidnapping, domestic or family violence, assault, indecency with a child, or continuous violence against a family member.
• The victim is a romantic partner or member of the offender’s household or family, and the offender has a prior conviction for violating a protective order by committing family violence.
• The offender strangled the victim, who is a member of their family or household.
• The victim was pregnant, and the offender knew.
• The offender assaulted the victim to force them to have an abortion.
• The offender assaulted the victim while they were discharging an official government duty or in retaliation for discharging their official duties.
• The offender knowingly assaulted the victim while they were discharging their duties as a security officer, EMT, process server, or hospital personnel.
• The offender is confined to a civil commitment facility and assaulted an employee of the Texas Civil Commitment Office while they were performing their duty or in retaliation for performing said duty.
• The offender is confined to a civil commitment facility and assaulted someone contracted to perform duties for the facility while they were engaging in those duties or in retaliation for engaging in those duties.

You can face second-degree felony charges if you knowingly, intentionally, or recklessly: 

• Injured a peace officer or judge while they are performing official duties
• Injured a romantic partner or member of the offender’s household or family via strangulation, and you have already been convicted of homicide, kidnapping, domestic or family violence, assault, indecency with a child, or continuous violence against a family member

These are not the entirety of the offenses that may merit second-degree felony charges.

In some cases, you may face a class C or class B misdemeanor. An attorney can help you understand the charges you are facing.

What Is the Charge for Harassment?

Harassment is usually a class B misdemeanor. But the charge can be raised to a class A misdemeanor if: 

• The offender has previously been convicted of harassment or
• The victim is under 18, and the offender repeatedly sent harassing texts or other electronic messages in the hopes that the child would commit suicide or engage in actions that could cause them serious bodily harm or
• The offender repeatedly sent harassing texts or other electronic messages and has previously violated a temporary restraining order or injunction.

What Are the Penalties for Assault and Harassment?

The penalties for assault and harassment depend on the circumstances. 

Class C Misdemeanor Penalties

• A fine of up to $500

Class B Misdemeanor Penalties

• Up to 180 days in jail
• Up to $2,000 in fines

Class A Misdemeanor Penalties

• Up to one year in jail
• A fine of up to $4,000

Third-Degree Felony Penalties

• 2 to 10 years in prison
• A fine of up to $10,000

Second-Degree Felony Penalties

• 2 to 20 years in prison
• A fine of up to $10,000

Defenses Against Assault or Harassment Charges

The defense we use against your charges depends on the specifics of your case but could include any of the following: 

• Unintentional contact: You did not mean to injure or contact the person, and you weren’t reckless either.
• Did not know the contact occurred without consent: You did not know the other person didn’t want you contacting them.
• False allegations: The alleged victim is lying about the incident.
• Self-defense: You did intentionally injure the person, but it was in self-defense or defense of others.

Get Help With Your Harassment or Assault Charges

You don’t want to trust your freedom and future to an inexperienced attorney. Get Jay Blass Cohen and Blass Law on your side today. We will fight to get your harassment or assault charge dismissed or for a not guilty verdict at trial.

Call today to learn more about what we can do for you.