Assault/Domestic Violence

What forms of Assault are there?

An assault can be anything from a domestic violence charge to a harassment of a public servant charge. Didn’t know that harassment of a public servant was an assault charge? It sure is.

What Is An Assault?

The Texas Penal Code § 22.01 defines an assault as:

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;

(2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or

(3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Is Assault a Misdemeanor or Felony?

Most assaults are classified as misdemeanors. Depending on the circumstances an assault can be classified as either a Class C, Class B, or Class A misdemeanor. Sometimes, an assault can be elevated to a felony. Again, it depends on the circumstances. For an assault to be elevated to a felony the assault would have to be committed against a person who works for the state such as a peace officer. It doesn’t have to be a peace officer just any public servant. There are certain instances where the person accused of assault against a family member may be charged with a felony assault. It’s important to consult with an experienced criminal attorney to navigate the differences in what you have been charged with and the best approach to that charge.

Below is a list of how Assaults in Texas are classified. This is not meant to be an all-encompassing list that defines assault charges, but rather it is provided to give the reader an idea of what types of charges there are. Again, some of these charges can be elevated depending on the circumstances of the charge.

1st Degree Felony

Aggravated Assault (by or against a public servant, in retaliation against a prospective witness, informant, or person reporting a crime, against a security officer, or against a family member who suffered serious bodily injury, or during drive-by shooting at a house, building, or vehicle which causes serious bodily injury) [Tex. Penal Code Ann. §22.02(a), (b), (b-3)]

2nd Degree Felony

Assault (by strangulation or suffocation or against a peace officer or judge) [Tex. Penal Code Ann. §22.01(a)(1), (b-2)]
Aggravated Assault (not committed by or against a public servant or in retaliation against a prospective witness, informant, or person reporting a crime, against a security officer, or against a family member who suffered serious bodily injury, or in a drive-by)[Tex. Penal Code Ann. §22.02(a), (b)]

3rd Degree Felony

Assault (against a public servant or a security officer on official duty or a contract employee who works in a correctional or juvenile detention facility or a civil commitment facility) [Tex. Penal Code Ann. §22.01(a)(1), (b)(1), (b-1)]
Assault (against a family member if the defendant has been previously convicted of an offense against a family member, including assault, homicide, kidnapping, aggravated kidnapping, Continuous Family Violence, and indecency with a child, or against a pregnant woman to force an abortion) [Tex. Penal Code Ann. §22.01(a)(1), (b), (b)(6), (f)

Class A Misdemeanor

Assault (causing bodily injury) [Tex. Penal Code Ann. §22.01(a)(1), (b)]
Assault (offensive physical contact with elderly or disabled individual) [Tex. Penal Code Ann. §22.01(a)(3), (c)(1)]

Class B Misdemeanor

Assault (against a sports participant by a non-participant) [Tex. Penal Code Ann. §22.01(a)(2) and (3), (c)(2)]

Class C Misdemeanor

Assault (by threatening imminent bodily injury or by causing offensive or provocative physical contact) [Tex. Penal Code Ann. §22.01(a)(2) and (3), (c)]

What are the Penalties for an Assault?

The type of punishment or penalty that a defendant may receive for an assault varies depending on what the defendant was charged with. Please refer to our website’s criminal penalties pages for further details.