Getting in someone’s face can be considered assault in certain situations. Texas Penal Code § 22.01 defines one form of assault as intentionally or knowingly threatening to cause imminent bodily injury to another person.
If getting in someone’s face involves threatening them with imminent bodily injury, it might be considered assault by threat, which on its own is a Class C misdemeanor. Once it turns physical and someone says they got hurt, it becomes bodily injury assault, a Class A misdemeanor with up to a year in jail. We handle both. If you were arrested after an argument, call (713) 664-4000. These cases come down to who said what in the first few seconds, and that’s exactly what we pick apart. A misdemeanor conviction stays on your record and can come back to hurt you in a lot of ways.
Class A Assault Is A Punishable Misdemeanor
In Texas, the punishments for Class A misdemeanor assault can include:
- A fine of up to $4,000
- Up to 365 days of jail time
Yelling isn’t assault, but it can still be a charge
If nobody was threatened with getting hurt and nobody was touched, the more likely charge is disorderly conduct under Penal Code § 42.01: abusive language or an offensive gesture in a public place that tends to start an immediate fight, or abusing or threatening someone in public in an obviously offensive way. It’s a Class C, fine only. It still means an arrest record, and it’s worth fighting for the same reason a Class C assault is.
Even a Class C assault conviction shows up on a background check, and a Class A can follow you for years unless it’s sealed. That’s why we fight these cases instead of telling people to pay the ticket.
Understand How Texas Classifies and Penalizes Assault
A misdemeanor or felony assault is a serious charge. The penalties coupled with the lasting stigma and possible threat to your lifestyle, career, and family make it important for you to get legal representation that can help you minimize the consequences as much as possible.
A charge of assault in Texas can have many different consequences. It is important that you understand the type of assault charge you might be facing and the punishment it might carry.
Definition of Aggravated Assault
An assault is classified as aggravated assault if the assailant causes serious bodily injury to the victim or uses or exhibits a deadly weapon. It can range in definition from a second- to a first-degree felony with serious penalties and consequences.
If you are convicted of aggravated assault, penalties and punishments can include up to life in prison and a hefty fine. These consequences can deprive you of your freedom and your family of your company for years. The consequences can also create a significant financial hardship for you and your family.
Getting in the face of someone 65 or older
Age changes the math, though not the way most people assume.
Two things change when the other person is 65 or older:
- An offensive touch that would normally be a Class C becomes a Class A misdemeanor, up to a year in jail (Penal Code § 22.01(c)(1)). A threat alone stays a Class C
- If the older person is actually hurt, prosecutors may charge injury to an elderly individual under § 22.04, a separate felony statute
If an older neighbor or relative is the one who called police, talk to a Houston assault lawyer before you explain yourself to anyone. Call us at (713) 664-4000.
Speak To A Criminal Defense Lawyer As Soon As Possible
In many cases, getting in someone’s face can be considered assault. If you’re arrested or detained after a verbal confrontation, get legal advice as soon as you can after your arrest. Don’t sit on it.
Call Blass Law at (713) 664-4000 to speak to a member of our team and get representation you can depend on. We will work hard on your case to achieve the best possible outcome and to help you steer your life in the best possible direction.
A Houston DWI and criminal defense attorney since 2009 who has never worked for the prosecution. Jay is an ACS-CHAL Forensic Lawyer-Scientist, a certified practitioner and instructor of Standardized Field Sobriety Testing, a certified Drug Recognition Expert, and trained in forensic chromatography. He is a member of the National College for DUI Defense, a founding member of the DUI Defense Lawyers Association, and a commissioner on the Texas Indigent Defense Commission, appointed by Gov. Abbott in 2023.
Last reviewed July 2026 · This article is legal information, not legal advice. Read Jay’s full bio →