Penal Code · §22.01
Assault
Elements
- A person
- Intentionally, knowingly, or recklessly causes bodily injury to another (including the person's spouse); OR
- Intentionally or knowingly threatens another with imminent bodily injury (including the person's spouse); OR
- Intentionally or knowingly causes physical contact with another when the actor knows or should reasonably believe the other will regard the contact as offensive or provocative
Penalty
Bodily injury (§22.01(a)(1)): Class A misdemeanor base — up to 1 year county jail + up to $4,000 fine (§12.21). Threat or offensive contact: Class C misdemeanor — fine up to $500 (Class B in some sport-official contexts).
Enhancements
Becomes a Third-degree felony if committed against: a public servant on duty; a security officer; emergency services personnel; family member with prior FV conviction; or the assault impeded breathing/circulation by applying pressure to throat or neck or by blocking nose/mouth ("choking"). Becomes Second-degree felony if committed against family member by impeding breathing AND defendant has prior FV conviction. Repeat offenders or offenses against pregnant individuals carry additional enhancements per §22.01(b–b-3).