What Are the Penalties for Assault in Texas?

Assault covers far more than a fistfight. In Texas, a threat or an offensive touch can be charged, and the same act can be a small fine or a first degree felony depending on the details. This guide explains what each charge carries, and what moves a case up the scale. Peter M. Barrett has been licensed in Texas since 1994 and has tried more than 150 jury trials. He is a Past President of the Dallas Criminal Defense Lawyers Association (2005). See our Dallas violent crime defense page for how these cases are handled.

Three ways to commit assault in Texas

Under Tex. Penal Code §22.01(a), a person commits assault by:

• Bodily injury (a)(1). Intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse.
• Threat (a)(2). Intentionally or knowingly threatening another person with imminent bodily injury, including a spouse.
• Offensive contact (a)(3). Intentionally or knowingly causing physical contact when the person knows or should reasonably believe the other will regard it as offensive or provocative.

"Bodily injury" is defined broadly. It means physical pain, illness, or any impairment of physical condition (§1.07(a)(8)). There is no requirement of a visible injury, a hospital visit, or a lasting mark. That definition is why so many cases turn on what a complainant says they felt.

Base penalties

The starting point depends on which kind of assault is charged.

A Class B misdemeanor (up to 180 days in jail and a fine of up to $2,000, §12.22) applies in one narrow situation described below.

What raises an assault charge

Section 22.01(b) turns a bodily injury assault into a third degree felony when it is committed against people the statute lists. They include:

• a public servant lawfully doing an official duty, or in retaliation for one;
• a family member, household member, or dating partner, in the two situations described in the next section;
• a government contractor or their employee providing a service in a facility the statute describes;
• a security officer on duty;
• emergency services personnel providing emergency services;
• a process server performing that duty;
• a pregnant individual, to force an abortion, or a person the actor knows is pregnant;
• hospital personnel on hospital property; or
• an employee or agent of a utility performing that work.

Two subsections go further. Under §22.01(b-2), an assault that causes bodily injury to a person the actor knows is a peace officer or judge, while that person is lawfully discharging an official duty or in retaliation for one, is a second degree felony.

Threats and offensive contact can also rise above a Class C. Under §22.01(c), offensive contact with an elderly or disabled individual is a Class A misdemeanor. Assault against a sports participant, by someone who is not a participant, is a Class B misdemeanor. An offense against a pregnant individual to force an abortion is a Class A misdemeanor.

If the person was wearing a distinctive uniform or badge, the law presumes the accused knew their job (§22.01(d)).

Family violence assault: the rule people get wrong

An assault on a spouse, partner, or household member is not automatically a felony. Under §22.01(b)(2), it becomes a third degree felony in two situations:

• A qualifying prior conviction. The accused has a previous conviction for one of the listed offenses against a family, household, or dating partner.
• Strangulation. The offense is committed by intentionally, knowingly, or recklessly impeding normal breathing or blood circulation by applying pressure to the throat or neck, or by blocking the nose or mouth.

Under §22.01(b-3), a strangulation assault by a person with that kind of qualifying prior conviction is a second degree felony. Without one of these, a first family assault that causes bodily injury is a Class A misdemeanor.

Who counts as family matters here, and the Family Code sets it out. "Family" includes people related by blood or marriage, former spouses, and the parents of the same child, whether or not they were ever married (§71.003). "Household" means people living in the same dwelling, whether or not they are related (§71.005). A "dating relationship" is a continuing relationship of a romantic or intimate nature, judged by its length, nature, and how often the people interact; a casual acquaintance or ordinary social contact does not count (§71.0021(b), (c)).

Two more rules matter in these cases:

• The family violence finding. If the court determines a Title 5 offense involved family violence, it must enter an affirmative finding in the judgment (Tex. Code Crim. Proc. art. 42.013). That finding follows the case afterward.
• Continuous violence against the family. Two or more family assaults within 12 months or less can be charged as a separate third degree felony under Tex. Penal Code §25.11. Jurors do not have to agree on which specific incidents occurred, only that two or more happened in that period.

Aggravated assault

Under §22.02(a), an assault becomes aggravated assault when the person either causes serious bodily injury, or uses or exhibits a deadly weapon during the assault.

• Serious bodily injury means injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ (§1.07(a)(46)).
• A deadly weapon is a firearm or anything made for causing death or serious bodily injury, and also anything that in the way it is used or intended to be used is capable of causing death or serious bodily injury (§1.07(a)(17)). That second half is broad, so the weapon allegation often turns on how an object was used rather than what it was.

Aggravated assault is a second degree felony. It is a first degree felony in the situations listed in §22.02(b), including when the accused uses a deadly weapon and causes serious bodily injury to a family, household, or dating partner, or causes a traumatic brain or spine injury resulting in a persistent vegetative state or irreversible paralysis. It is also first degree when committed against a public servant, in retaliation against a witness or informant, against a process server or security officer, in certain shootings from a vehicle, or as part of a mass shooting. Our page on aggravated assault charges in Dallas goes into more detail.

Probation and a deadly weapon finding

Texas calls probation "community supervision." If it is shown that a deadly weapon was used or exhibited during a felony, or during immediate flight from one, a judge may not grant community supervision to a defendant who used or exhibited it, or who was a party and knew it would be used (Tex. Code Crim. Proc. art. 42A.054(b)). The court enters that finding in the judgment, and enters a separate finding if the weapon was a firearm (art. 42A.054(c), (d)). This is one reason the weapon allegation is fought as hard as the assault itself. See what community supervision means.

Self-defense and other defenses

Texas law justifies using force against another person when the actor reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force (Tex. Penal Code §9.31(a)). The statute also says that belief is presumed reasonable in certain situations, such as when the other person was unlawfully and forcibly entering the actor's home, vehicle, or workplace. Deadly force has its own rules in §9.32.

Beyond justification, these cases often turn on ordinary proof problems: who started it, whether any injury or pain actually occurred, what the 911 call and body camera footage show, and whether the account has stayed consistent. Every case is different, and past results do not guarantee future outcomes.

What to do if you are charged

• Do not explain your side to police without a lawyer. Read about your right to remain silent in Texas.
• Do not contact the complaining witness. Bond conditions and protective orders often forbid it, and a violation can land you back in jail.
• Save the evidence now. Photos of your own injuries, texts, and the names of witnesses fade fast.
• Write down the timeline while it is fresh, and share it only with your lawyer.
• Get advice before any plea. A family violence finding and a deadly weapon finding both carry consequences beyond the sentence.

If someone was arrested, our guides to the first 48 hours and bail bonds in Dallas County explain what happens next. You can reach the office at (214) 526-0555.

Common questions

This article is general legal information about Texas law, not legal advice about your case. Reading it does not create an attorney-client relationship. Laws change, so confirm the current rule with a licensed Texas criminal defense attorney about your specific facts. Request a free, confidential case review.