Legal Question in Criminal Law in Texas

Sec. 22.01. ASSAULT. (a) A person commits an offense if the person: (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse. This is your case. The reason it says threaten another with imminent bodily injury is that it is the definition of assault on the lowest level. (If you committed assault causing bodily injury then it would be a Class B misdemeanor with the potential for jail time. There must be a threat of injury or there is no crime - i.e. if you threatened to kiss her, then that is not a crime. If you threaten to tickle her - no crime.)

If you received deferred prosecution and served it out, then the case was dismissed. You can now file a lawsuit in civil district court and have the case expunged - wiped off - your record!

If you paid a fine, then you got a final conviction and it will remain on your record.

It is the lowest level offense there is in Texas. It is the equivalent to a traffic ticket. It may not show up on a background check if you were not fingerprinted or if the company checking your background simply checks the counties computers. Moreover, in Texas, under the Civil Remedies Code, if the job at which you appy hires an outside company to conduct the criminal background check, the company is restricted to reporting offenses within the past 7 years. (If they conduct the check themselves, they can go back as far as they wish.)