The Short Answer
In Texas, the difference between simple assault and aggravated assault usually comes down to two things: how badly someone was hurt, and whether a deadly weapon was used or shown. Assault causing bodily injury is usually a Class A misdemeanor. Aggravated assault, which involves serious bodily injury or a deadly weapon, is usually a second-degree felony punishable by 2 to 20 years in prison. Several factors, like a family relationship or a prior conviction, can push either charge higher. If you are facing an assault charge in Collin or Denton County, see how we approach assault defense.
Assault Under Texas Penal Code § 22.01
Texas recognizes three basic kinds of assault:
- Causing bodily injury. “Bodily injury” is defined very broadly. It includes physical pain, so a visible injury isn’t required. This is usually a Class A misdemeanor, punishable by up to one year in jail and a $4,000 fine.
- Threatening someone with imminent bodily injury. Usually a Class C misdemeanor (fine only).
- Offensive or provocative physical contact. Also usually a Class C misdemeanor.
When assault becomes a felony
Assault causing bodily injury becomes a third-degree felony (2 to 10 years in prison and up to a $10,000 fine) in situations including:
- The alleged victim is a family or household member or dating partner, and you have a prior family violence conviction
- The State alleges you impeded a family member’s or dating partner’s breathing or blood circulation, for example by choking
- The alleged victim is a public servant, such as a police officer, performing official duties
Aggravated Assault Under Texas Penal Code § 22.02
An assault becomes aggravated assault if it:
- Causes serious bodily injury, meaning injury that creates a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of a body part or organ, or
- Involves using or exhibiting a deadly weapon
Aggravated assault is usually a second-degree felony. It becomes a first-degree felony, punishable by 5 to 99 years or life, in some cases, such as when it’s committed against a public servant, or against a family member with a deadly weapon causing serious bodily injury.
The term “deadly weapon” covers more than guns and knives. Almost any object can qualify, such as a car, a bottle, or a boot, depending on how it was used or intended to be used. A deadly weapon finding also affects parole eligibility if you’re convicted.
Common Defenses
- Self-defense or defense of others. Texas law allows you to use force you reasonably believe is immediately necessary to protect yourself or someone else.
- The injury doesn’t meet the legal definition. Whether an injury is “serious,” or whether an object was used as a deadly weapon, is often contested and can be the difference between a misdemeanor and a felony.
- Credibility and conflicting accounts. Many assault cases come down to one person’s word against another’s. Video, texts, and independent witnesses matter.
- Mistaken identity. This is especially common in bar fights and group altercations.
Consequences Beyond Jail
An assault conviction, especially one with a family violence finding, can follow you long after the case ends. It can affect your firearm rights, professional licenses, immigration status, housing, and job prospects, and a family violence finding can keep you from ever sealing the record.
Frequently Asked Questions
Can an assault charge be reduced?
Often, yes. Depending on the evidence and your history, outcomes can include dismissal, reduction to a lower charge, a charge without a family violence finding, or deferred adjudication.
Is deferred adjudication available for assault?
It’s often available, but in family violence cases, deferred adjudication can still count as a prior offense if you’re ever charged again, and it doesn’t allow you to seal the record.
Can I be charged if the other person started it?
Yes. Police often arrest the person they believe was the primary aggressor, and that decision is made quickly at the scene. Self-defense is raised and proven later, in court.
Talk to a Defense Lawyer Now
Al Rowland has seen these cases from both sides of the table, as a former police officer and a former prosecutor in Colorado, and has defended clients in Collin and Denton County courts since 2015. If you have been charged with assault or aggravated assault, how the case is charged and negotiated early on can shape everything that follows. Call (469) 895-6555 for a free, confidential consultation.
Law Office of Al Rowland, PLLC, 6160 Warren Pkwy, Suite 100, Frisco, TX 75034.
This page provides general information, not legal advice. Every case depends on its own facts.
Learn more about our assault defense practice and our domestic violence defense practice.
