Assault Charges in Texas

“Assault” under Texas law covers a wide range of conduct.

It can mean an offensive touch.
It can mean a bar fight.
It can mean serious bodily injury.

Depending on the facts, an assault charge can range from a fine-only misdemeanor to a felony carrying decades in prison.

The level of the charge — and the surrounding circumstances — matter.

What Is Assault Under Texas Law?

Assault is defined in Texas Penal Code § 22.01.

A person commits assault if they:

  • Intentionally, knowingly, or recklessly cause bodily injury to another;

  • Intentionally or knowingly threaten another with imminent bodily injury; or

  • Intentionally or knowingly cause physical contact that is offensive or provocative.

“Bodily injury” in Texas is broadly defined. It can include physical pain, illness, or impairment — even minor pain.

That broad definition is why relatively minor incidents can result in criminal charges.

Levels of Assault in Texas

Class C Misdemeanor

Offensive or provocative physical contact.
Punishable by fine only (up to $500).

Class A Misdemeanor

Assault causing bodily injury.
Punishable by up to 1 year in jail and up to a $4,000 fine.

Third-Degree Felony

Assault may be elevated to a third-degree felony if it involves:

  • A family member with a prior family violence conviction

  • Strangulation or impeding breathing

  • Assault on a public servant

  • Assault on certain protected professionals

Punishment range: 2 to 10 years in prison.

Second- or First-Degree Felony

If serious bodily injury is alleged — or a deadly weapon is involved — charges may escalate further under aggravated assault statutes.

Aggravated assault (Texas Penal Code § 22.02) generally carries:

  • 2 to 20 years (second-degree felony), or

  • 5 to 99 years or life (first-degree felony in certain cases).

Aggravated Assault

Aggravated assault occurs when a person:

  • Causes serious bodily injury; or

  • Uses or exhibits a deadly weapon during the commission of an assault.

“Serious bodily injury” means injury that creates a substantial risk of death or causes permanent disfigurement or impairment.

Deadly weapon findings carry long-term consequences — including parole implications and enhanced sentencing exposure.

Assault in Family or Dating Relationships

When the alleged victim is a spouse, former spouse, dating partner, or household member, the charge becomes “Assault – Family Violence.”

Family violence findings:

  • Trigger federal firearm restrictions

  • Cannot be sealed through nondisclosure

  • Can enhance future charges to felonies

Even first-time allegations carry significant long-term consequences.

Common Defense Issues

Every assault case turns on facts. Common defense angles include:

Self-Defense

Texas law permits reasonable force to protect oneself.

Defense of Third Person

Force may be justified to protect another.

Mutual Combat

In some cases, both parties participated voluntarily.

Lack of Intent

Accidental contact is not criminal assault.

Credibility Issues

Many assault cases hinge on conflicting testimony.

Body camera footage, medical records, witness statements, and digital evidence often shape the outcome.

Collateral Consequences

Even misdemeanor assault convictions can affect:

  • Employment opportunities

  • Professional licenses

  • Immigration status

  • Custody disputes

  • Firearm rights

The consequences can extend well beyond the courtroom.

Assault charges are often filed quickly — sometimes before the full context is understood.

But the State still carries the burden of proof.

The prosecution must prove every element beyond a reasonable doubt.

Whether the issue is intent, identity, self-defense, or overcharging, early legal strategy can materially affect the result.

Careful analysis.
Measured advocacy.
Strategic preparation.

That approach matters from the beginning.