Texas Legal Definition of Assault and Aggravated Assault

What Is Considered Assault in Texas?

Under Texas law, assault isn’t limited to hitting someone. Many people are surprised to learn that even a verbal threat or a gesture can lead to a criminal charge.

According to Texas Penal Code § 22.01, a person commits assault if they:

1. Intentionally, knowingly, or recklessly cause bodily injury to another person, including their spouse;
2. Threaten another person with imminent bodily injury; or
3. Cause physical contact with another person that the offender knows or reasonably should know the victim would find offensive or provocative.

So, can you be arrested for simply threatening someone? Yes. Even if there is no physical injury, threats and unwanted physical contact may still result in a charge.

Let’s break this down further by classifications.

What Are the Classifications of Assault in Texas?

Texas classifies assault into different levels depending on the severity of the conduct and the relationship between the parties involved.

Class C Misdemeanor Assault

• Occurs when someone makes offensive contact or threats without actual physical injury.
• Examples: A shove at a bar, getting in someone’s face and yelling threats.
• Penalty: Fine up to $500.

Class A Misdemeanor Assault

• Applies when there is bodily injury (defined as physical pain, illness, or any impairment).
• Penalty: Up to 1 year in jail and $4,000 fine.

Felony Assault (Third Degree)

A Class A assault can be elevated to a third-degree felony if:

• The victim is a public servant, security officer, or emergency services personnel.
• The assault involves family or dating violence with a prior conviction.
• The victim is pregnant and the assault is intentional.

Penalty: 2–10 years in prison and a $10,000 fine.

What Is Aggravated Assault in Texas?

Under Texas Penal Code § 22.02, a person commits Aggravated Assault when they:

1. Cause serious bodily injury to another, or
2. Use or exhibit a deadly weapon during the commission of an assault.

Serious bodily injury refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the loss of a body part or function.

Examples of aggravated assault:

• Stabbing someone during a fight
• Hitting someone with a baseball bat
• Pointing a gun during a road rage incident

Aggravated assault is always a felony, but the degree can vary:

• Second-Degree Felony: Most cases.
• First-Degree Felony: If committed against a family member, public servant, witness, security officer, or in retaliation.

Penalty (First-Degree): 5–99 years or life in prison.

What Is Family Violence Assault?

Texas law treats Assault-Family Violence (AFV) more seriously due to the potential for repeated harm in intimate relationships.

Defined under Texas Family Code § 71.004, family violence includes:

• Harm or threats between family or household members
• Dating relationships
• Parents of the same child

Key consequences of AFV convictions:

• Enhanced charges for future offenses
• Firearm possession restrictions
• Protective orders
• Child custody impacts

Even a Class C or A assault charge can become a felony if there’s a prior AFV conviction.

When Can Assault Charges Be Enhanced?

Certain factors can escalate a misdemeanor assault to a felony, including:

• Prior convictions for assault or family violence
• Use of a deadly weapon
• Status of the victim (e.g., police, elderly, pregnant, disabled)
• Serious injury

Additionally, prosecutors in Harris County and Galveston County often pursue enhancements aggressively, especially when the offense involves domestic violence or weapons.

How Does the Court Process Work for Assault Charges?

1. Arrest & Booking

After a police report or 911 call, the accused is arrested and booked. Bail may be set depending on the charge.

2. Arraignment

The accused is formally charged in court. This is where legal counsel becomes critical — you need an attorney near youto begin crafting your defense strategy immediately.

3. Pre-Trial Hearings

This includes discovery, motions to suppress evidence, and potential plea negotiations. A skilled lawyer near you may challenge evidence, raise self-defense claims, or negotiate dismissals.

4. Trial or Plea

Assault trials often revolve around:

• Credibility of witnesses
• Injury documentation
• Admissibility of 911 calls or statements (Tex. R. Evid. 803(2); Crawford v. Washington)

5. Sentencing

If convicted, sentencing may include jail time, probation, anger management, or protective orders.

Common Defenses to Assault Charges in Texas

Self-defense or defense of others

You have a right to protect yourself or others if you reasonably believed harm was imminent.

Consent

If both parties willingly engaged (e.g., mutual fight), this may reduce or negate liability.

False accusations

This is common in AFV cases, particularly during custody disputes or breakups. A strong attorney near you can expose inconsistencies in the accuser’s story.

Lack of intent

If the contact was accidental or lacked the necessary mental state, charges may be reduced or dismissed.

Why You Need an Experienced Assault Attorney Near You

Assault cases can carry life-altering penalties — from incarceration to employment loss, loss of firearm rights, and immigration consequences. Prosecutors in Harris and Galveston County don’t take these charges lightly.

Whether you’re facing a misdemeanor or aggravated assault, having the right lawyer near you makes all the difference.

At Walker Law Office, we’ve successfully defended clients in every type of assault charge — from minor altercations to aggravated cases with deadly weapons. Our firm knows the local court systems and how to fight enhancements and dismiss flawed evidence.

Call Walker Law Office today at (713) 228-2611 or contact us online at https://www.walkerlawhouston.com/contact/ to protect your future.

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