Assault charges in Hays County range from a Class C misdemeanor, punishable by a fine only, to a first-degree felony. The level decides which court hears the case and how serious bail tends to be. This guide explains each level, the path from arrest to release, and what a family can do tonight.
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How serious are assault charges in Hays County?
Assault charges in Hays County follow Texas law, so how serious they are depends on what is alleged. A threat or offensive touching is usually a Class C misdemeanor, punishable by a fine only. Causing bodily injury is usually a Class A misdemeanor. Choking, injuring certain public servants, serious injury or a deadly weapon can make it a felony.
The level matters to a family for three reasons. It decides which court hears the case. It shapes how a magistrate looks at bail. And for some felony assaults, it rules out release on a personal bond. If someone you love is in custody now, our page on assault bail bonds in San Marcos explains how we can help with the bond.
The three kinds of assault in Texas law
Penal Code Section 22.01 describes three ways a person can commit assault. Every level below starts from one of them:
- Bodily injury. Intentionally, knowingly or recklessly causing bodily injury to another person, including a spouse.
- Threat. Intentionally or knowingly threatening someone with imminent bodily injury.
- Offensive contact. Intentionally or knowingly making physical contact with someone when the person knows, or should reasonably believe, the other will find it offensive or provocative.
No one has to be hurt for an assault charge to be filed. A threat alone can be enough.
Assault charge levels, from Class C to felony
The table below shows the main levels. The Penal Code has more special cases than fit here, so treat it as an overview, not a complete list.
| What is alleged | Usual level | Punishment range if convicted |
|---|---|---|
| Threat or offensive contact | Class C misdemeanor | A fine up to $500 |
| Threat or offensive contact against a sports participant doing their job | Class B misdemeanor | Up to 180 days in jail and a fine up to $2,000 |
| Bodily injury, or offensive contact against an elderly or disabled person | Class A misdemeanor | Up to one year in jail and a fine up to $4,000 |
| Bodily injury to a family or household member or dating partner by impeding breathing or blood flow, or with a qualifying earlier conviction | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Bodily injury to a public servant, security officer, emergency services worker or other listed person on duty | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Bodily injury to a peace officer or judge on duty | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
| Aggravated assault: serious bodily injury, or using or showing a deadly weapon | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
When aggravated assault becomes a first-degree felony
Aggravated assault is raised to a first-degree felony in listed cases. These include using a deadly weapon and causing serious bodily injury to a family or household member or dating partner, and assaults on a public servant on duty or on a witness in retaliation.
Assault and family violence
When an assault charge involves a family or household member or a dating partner, a magistrate can add extra bond conditions, such as no contact or stay-away zones. Our article on family violence bond conditions in Hays County explains them in detail. What level applies in a particular case is a legal question a bail bond company cannot answer.
Which court hears each level in Hays County?
In Hays County the court depends on the level of the charge. Here is how the county’s own pages describe the split:
- Class C (fine only). Hays County’s justice of the peace courts hear misdemeanors punishable by fine only. There are seven: two in San Marcos, two in Kyle, and one each in Wimberley, Dripping Springs and Buda. A city’s municipal court shares that job for fine-only offenses committed inside its city limits.
- Class A and B misdemeanors. The Hays County Courts at Law hear all Class A and B misdemeanor criminal cases.
- Felonies. District courts have original jurisdiction in all felony criminal cases.
The bond paperwork states the first court date. Later dates come from the court. The County Clerk handles misdemeanor records and the District Clerk handles felony records.
From arrest to release: the path for an assault charge
The steps after an assault arrest are the same as for most charges. Our guide to how bail bonds work in Hays County covers them in more depth.
1. Booking
A person arrested in Hays County is generally taken to the Hays County Jail at 1307 Uhland Road in San Marcos. To check whether they are there, use our Hays County Jail inmate search guide.
2. The magistrate
Texas law requires that the person be taken before a magistrate no later than 48 hours after arrest. Hays County’s magistrate court holds these hearings seven days a week. The magistrate explains the charge and the person’s rights and sets bail and any conditions.
3. How bail is set
Bail for assault is set case by case. The magistrate weighs factors written into Texas law, including the nature of the charge, the safety of the alleged victim and the community, and the person’s criminal history. A magistrate can also add any reasonable condition related to the alleged victim’s safety, such as staying away from them.
4. Which kind of bond
Bail can be posted as a cash bond, a surety bond through a licensed bail bond company, or, where the magistrate allows it, a personal bond. Texas law generally bars a personal bond for aggravated assault and for some felony assaults, including felony assaults involving family violence. In those cases release takes a cash or surety bond.
5. Release
The Hays County Jail says it cannot give a specific length of time for a bond to be processed or a person to be released. Releases happen 24 hours a day.
Keeping the bond after release
Getting out is the first step. Staying out means keeping every condition. Hays County Judicial Services lists standard conditions such as reporting to Judicial Services after release and staying arrest-free. If a court finds that a condition tied to the alleged victim’s or the community’s safety was broken, the bond must be revoked and the person goes back into custody.
Missing court is just as serious. It can lead to the bond being forfeited and a warrant for the person’s arrest.
What the family can do
There is a lot a family member can do, even at 2 a.m. These steps help:
- Confirm where the person is held and whether bail has been set. The jail’s bond information line is 512-393-7807 or 512-393-7690.
- Write down the charge exactly as the jail gives it. The level tells you which court will hear the case.
- Read any bond conditions as soon as you have them, and make sure the person in custody understands them.
- Do not try to talk to the alleged victim about the case on the defendant’s behalf. If a no-contact condition exists, messages through someone else can break it.
- Ask a bail bond company how fees work. Our guide to what a bail bond costs in Hays County explains them. Bobcat Bail Bonds sets fees case by case, and qualified applicants may be eligible for payment plans.
Questions about defenses, plea offers or what will happen in court are legal questions. A bail bond company cannot answer them.
What to do next
Find out the charge and whether bail has been set, then decide how to post it. If you will sign for the bond, read about co-signing a bail bond first. Our assault bail bonds in San Marcos page explains how we help across Hays County. You can start a bail bond online or call us. We are open 24 hours a day, 7 days a week, and se habla español.
Common questions
Is assault a felony in Texas?
It can be. Assault causing bodily injury is usually a Class A misdemeanor, and threats or offensive contact are usually Class C. It becomes a felony in listed situations, such as choking a family or household member, injuring a public servant on duty, or causing serious bodily injury.
Which court hears an assault case in Hays County?
It depends on the level. Fine-only Class C cases go to a justice of the peace court, or a municipal court if the offense happened inside city limits. Class A and B misdemeanors go to the Hays County Courts at Law. Felonies go to a district court.
Can you get a personal bond for assault in Hays County?
Sometimes, but not for every assault. Texas law generally bars a personal bond for aggravated assault and for some felony assaults, including felony assaults involving family violence. For other charges it is the magistrate's decision.
How much is bail for an assault charge in Hays County?
It is set case by case. A magistrate decides, weighing factors Texas law lists, such as the nature of the charge, the safety of the alleged victim and the community, and the person's criminal history. There is no standard amount anyone can honestly quote.
This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.
Sources
- Texas Penal Code, Section 22.01 (Assault)
- Texas Penal Code, Section 22.02 (Aggravated assault)
- Texas Penal Code, Chapter 12 (Punishments)
- Texas Code of Criminal Procedure, Article 4.14 (Municipal court jurisdiction)
- Texas Code of Criminal Procedure, Article 15.17
- Texas Code of Criminal Procedure, Chapter 17 (Bail), including Articles 17.03 and 17.40
- Texas Code of Criminal Procedure, Article 23.05 (Capias after bail forfeiture)
- Hays County Justices of the Peace
- Hays County Courts at Law
- Hays County District Court
- Hays County Magistrate Court
- Hays County Jail: frequently asked questions
- Hays County Judicial Services: information guide