Penal Code · §22.01

Assault

Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.

To prove this offense, the State must establish each of the following elements: Intentionally, knowingly, or recklessly; Causes bodily injury to another (including spouse); Class A misdemeanor (default).

The base classification is Class A misdemeanor (default; bodily injury), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Elements you must prove

  • Intentionally, knowingly, or recklessly
  • Causes bodily injury to another (including spouse)
  • Class A misdemeanor (default)
Texas Law — Charge Details
Class C → 1st Degree Felony
Offense
Assault
Statute
Tex. Penal Code §22.01
Classification
Class A misdemeanor (default; bodily injury)

Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.

Potential Penalty Enhancements
If this condition applies…Charge escalates toStatute
Against public servant lawfully discharging duty3rd degree felony§22.01(b)(1)
Family violence + prior §22.01 / §25.07 / §25.072 conviction3rd degree felony§22.01(b)(2)(A)
Family violence by impeding breath/circulation (strangulation)3rd degree felony§22.01(b)(2)(B)
Strangulation + prior §22.01 FV-type2nd degree felony§22.01(b-3)
Threat or contact against elderly/disabledClass A misdemeanor§22.01(c)

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Worked examples

Worked example 1

Simple Assault by causing bodily injury to another (§22.01(a)(1)) is generally what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor Correct
  4. State jail felony
Why: Assault causing bodily injury is a Class A misdemeanor by default. It is enhanced (up to 3rd or 2nd degree felony) for victims like public servants, family/household/dating partners with prior convictions, or where the conduct impedes breath or circulation.
Statute: Tex. Penal Code §22.01(b)
Worked example 2

Assault by threat or by offensive contact (§22.01(a)(2)–(a)(3)) is generally what level of offense?

  1. Class C misdemeanor
  2. Class B misdemeanor
  3. Class A misdemeanor
  4. Both Class C unless against public servant/elderly/disabled Correct
Why: Both Assault by Threat and Assault by Offensive Contact are Class C misdemeanors by default. They are elevated to Class A when the victim is elderly or disabled, and to Class B when the victim is a sports participant retaliated against because of officiating.
Statute: Tex. Penal Code §22.01(c)
Worked example 3

Assault Causes Bodily Injury — Family Violence (§22.01(b)(2)(A)) is enhanced to a 3rd degree felony if:

  1. The victim sought medical care
  2. The defendant has a prior conviction for any §22.01 family-violence assault, §25.07 (violation of protective order), or §25.072 (continuous violence against the family) Correct
  3. The offense occurred at night
  4. The defendant was intoxicated
Why: Assault FV is enhanced from Class A to a 3rd degree felony if the defendant has a prior conviction for an offense under §22.01 against a family/household/dating member, §25.07, or §25.072.
Statute: Tex. Penal Code §22.01(b)(2)(A)