What Makes an Assault Case a Felony in Texas?

What’s the Difference Between a Misdemeanor and Felony Assault in Texas?

In Texas, assault charges range from minor Class C misdemeanors to serious first-degree felonies. The key factor that separates a felony assault from a misdemeanor is usually one or more of the following:

• The severity of the injury
• The use of a deadly weapon
• The identity or status of the victim
• The relationship between the parties involved
• A prior criminal history

According to Texas Penal Code § 22.01 and § 22.02, felony assault charges carry significant prison time, financial penalties, and lifetime consequences on your record.

The critical question is: When does an assault cross the line into a felony? Let's explore each scenario.

1. Assault Causing Serious Bodily Injury

The most common upgrade from misdemeanor to felony assault occurs when the victim suffers “serious bodily injury”under Tex. Penal Code § 1.07(a)(46):

“Bodily injury that creates a substantial risk of death, causes serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.”

Examples of serious bodily injury include:

• Broken bones
• Deep stab or gunshot wounds
• Severe burns
• Injuries requiring surgery or long-term treatment

When this level of harm occurs, the charge is elevated to Aggravated Assault, a second-degree felony under Tex. Penal Code § 22.02(a)(1):

• 2 to 20 years in prison
• Up to $10,000 fine

2. Use or Exhibition of a Deadly Weapon

Even if the injury is minor, any assault involving a deadly weapon is a felony in Texas. This includes:

• Firearms
• Knives
• Blunt instruments like bats or pipes
• Any object used in a way likely to cause death or injury

Aggravated Assault with a Deadly Weapon under Tex. Penal Code § 22.02(a)(2) is a second-degree felony, and in some cases, a first-degree felony if:

• The victim is a family member
• The assault was committed against a public servant
• The weapon was used in retaliation or during another felony

Penalty for First-Degree Felony Aggravated Assault:

• 5 to 99 years or life in prison
• Up to $10,000 fine

3. Assault Against Certain Protected Individuals

Assault becomes a third-degree felony when committed against specific protected individuals, regardless of injury level. These include:

Public Servants (§ 22.01(b)(1))

• Police officers
• Judges
• Prosecutors
• Firefighters
• Emergency medical personnel

Security Officers (§ 22.01(b)(4))

Private or public security guards in official capacity.

Pregnant Victims (§ 22.01(b)(7))

If the accused knew the victim was pregnant, even minor injury can result in felony charges.

Penalty: 2 to 10 years in prison and up to $10,000 fine.

That’s why the identity of the alleged victim can instantly elevate a case into felony territory — and why you need an experienced attorney near you from the beginning.

4. Family Violence with Prior Convictions

If you are accused of Assault – Family Violence and have a prior conviction for the same, the next offense becomes a third-degree felony under Tex. Penal Code § 22.01(b)(2).

Even if the injuries are minor, the prior history triggers felony prosecution. This is common in Harris County and Galveston County, where prosecutors aggressively pursue repeat offenders.

Penalties include:

• 2 to 10 years in prison
• $10,000 fine
• Permanent family violence finding

This makes it crucial to hire a lawyer near you even on a first offense — to avoid this trap for future escalation.

5. Strangulation or Impeding Breath/Circulation

Under Tex. Penal Code § 22.01(b)(2)(B), any allegation of choking, covering the nose or mouth, or cutting off blood flow is automatically a third-degree felony, even without visible injuries.

If there is also a prior family violence conviction, the offense becomes a second-degree felony with 2 to 20 years in prison.

Strangulation allegations are increasingly used by prosecutors to enhance otherwise misdemeanor cases, so you need a lawyer near you who understands how to challenge medical evidence and police assumptions.

6. Repeat Offenses or Habitual Offenders

Texas has habitual offender enhancements under Penal Code § 12.42. If someone has multiple prior felonies, even a third-degree felony assault can lead to enhanced sentencing ranges.

Prosecutors in Harris County courts often file Notice of Intent to Seek Enhanced Punishment, which turns a mid-level felony into a 25-to-life situation.

Your attorney near you must know how to challenge these enhancements early in the process.

What Happens After a Felony Assault Arrest in Texas?

Booking & Bail Hearing

• You’ll be booked and held until a bail amount is set
• Bail can be tens of thousands of dollars
• The court may also impose a no-contact or emergency protective order

Indictment & Arraignment

• Felony cases go before a grand jury for indictment
• Then you’ll be formally arraigned and charged

Pretrial Strategy

A strong lawyer near you will:

• Challenge the grand jury process
• File motions to suppress bad evidence
• Push for reduction to a misdemeanor
• Explore self-defense, mutual combat, or lack of intent defenses

Trial

• Trials involve jury selection, cross-examination, and admissibility hearings
• Key evidence includes medical reports, body cam footage, 911 calls, and witness credibility

Can Felony Assault Charges Be Dismissed or Reduced?

Yes — and they often are with strong legal advocacy. Possible outcomes include:

• Reduction to misdemeanor
• Deferred adjudication
• Dismissal for insufficient evidence
• Not guilty verdict at trial

But these outcomes are only possible when you have a criminal defense attorney near you who knows how to fight strategically in your county.

Don’t Face Felony Assault Charges Alone

Felony assault charges carry life-changing consequences — not just prison time, but permanent restrictions on employment, housing, gun rights, immigration, and custody.

At Walker Law Office, we defend clients across Harris County, Galveston County, and surrounding areas, and we know how to challenge evidence, reduce charges, and preserve your future.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a proven criminal defense attorney near you.

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