Can You Go to Jail for Hitting Someone in Texas?
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§ 22.01 — Assault tiers
(1) Assault causing bodily injury — Class A misdemeanor, up to 1 year jail + $4,000 fine. (2) Assault threatening imminent bodily injury — Class C misdemeanor (fine only). (3) Assault by physical contact (offensive but no injury) — Class C misdemeanor. (4) Assault on family/household member with prior conviction — third-degree felony (2-10 years). (5) Assault on peace officer/public servant/emergency services — third-degree felony.
§ 22.02 — Aggravated Assault
Assault + (a) serious bodily injury OR (b) use/exhibition of deadly weapon. Second-degree felony (2-20 years + $10,000 fine). First-degree (5-99 years or life) if against public servant, witness, family violence victim, security officer, or in retaliation. Deadly weapon finding under CCP Art. 42A.054 restricts parole eligibility to 50% served.
Family violence enhancements
Assault against family/household member (Family Code Chapter 71 definitions): first offense — Class A misdemeanor; second offense with prior FV conviction — third-degree felony (2-10 years). Strangulation/suffocation in family violence context — third-degree felony regardless of prior. Family violence findings trigger collateral consequences: firearm restrictions, immigration impact, custody implications, mandatory protective order in many cases.
Self-defense — Penal Code Chapter 9
Texas self-defense law allows reasonable force when reasonably believing force is immediately necessary. § 9.31 standard self-defense; § 9.32 deadly force when reasonably believing necessary to prevent imminent commission of murder, sexual assault, robbery, etc. Stand-your-ground law — no duty to retreat in places you have right to be. Castle doctrine — presumption of reasonableness in own home/vehicle/workplace.
When civil suit follows criminal assault
Beyond criminal charges, assault victim can pursue civil claims: battery (intentional tort); negligence; intentional infliction of emotional distress. Texas civil SOL for personal injury: 2 years (CPRC § 16.003). Criminal acquittal doesn't prevent civil suit — different standards of proof (beyond reasonable doubt vs. preponderance). Civil damages can include medical expenses, lost wages, pain and suffering, punitive damages.
Texas Assault Penalties (§ 22.01 & § 22.02)
| Offense | Grade | Punishment | Statute |
|---|---|---|---|
| Assault by threat or offensive contact | Class C misdemeanor | Fine up to $500 | § 22.01(a)(2)-(3) |
| Assault causing bodily injury | Class A misdemeanor | Up to 1 year + $4,000 | § 22.01(a)(1) |
| Assault on a public servant or peace officer | 3rd-degree felony | 2–10 years | § 22.01(b)(1) |
| Family-violence assault with a prior FV conviction | 3rd-degree felony | 2–10 years | § 22.01(b)(2) |
| Family-violence assault by strangulation | 3rd-degree felony | 2–10 years | § 22.01(b)(2)(B) |
| Aggravated assault (serious injury or deadly weapon) | 2nd-degree felony | 2–20 years | § 22.02 |
| Aggravated assault — public servant, family, or witness | 1st-degree felony | 5–99 years or life | § 22.02(b) |
| Texas has no separate crime of “battery.” Assault (§ 22.01) ranges from a Class C misdemeanor (a threat or offensive contact) to a third-degree felony (family violence with a prior, strangulation, or a public-servant victim). Aggravated assault (§ 22.02) — serious bodily injury or use of a deadly weapon — is a second-degree felony, and a first-degree felony in aggravated circumstances. | |||
Have a Texas legal question?
Call L and L Law Group for a free, confidential consultation. We handle criminal defense across Collin, Dallas, Denton, and Tarrant counties.
Call (972) 370-5060In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
Is hitting someone always a crime in Texas?
Yes — even minor contact can be Class C misdemeanor assault by contact (§ 22.01(a)(3)). Causing bodily injury elevates to Class A misdemeanor (up to 1 year jail). Self-defense (Chapter 9) is the primary justification defense.
When does assault become aggravated assault in Texas?
Under § 22.02: when assault causes serious bodily injury OR involves use/exhibition of deadly weapon. Second-degree felony (2-20 years) base; first-degree (5-99 years) if against public servant, witness, family violence victim, or in retaliation.
What's the penalty for family violence assault?
First offense: Class A misdemeanor (up to 1 year jail + $4,000 fine). Second offense with prior FV conviction: third-degree felony (2-10 years state prison). Strangulation in FV context: third-degree felony regardless of prior. Collateral consequences include firearm restrictions and immigration impact.
Can self-defense be a defense to assault in Texas?
Yes — Texas Penal Code Chapter 9 allows reasonable force when reasonably believing force is immediately necessary. § 9.31 standard self-defense; § 9.32 deadly force. Stand-your-ground (no duty to retreat where you have right to be) and Castle doctrine (presumption in home/vehicle/workplace).
What's the difference between assault and battery in Texas?
Texas doesn't use "battery" as separate crime — § 22.01 covers both threat (Class C) and physical contact (Class C if offensive only; Class A if bodily injury). Civil law still uses battery as a separate tort.
References & Statutes
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