The statute — Penal Code § 22.01
Texas Penal Code § 22.01(a) defines assault three ways: causing bodily injury, threatening imminent bodily injury, or causing offensive physical contact. Each subsection carries its own punishment range and its own evidentiary proof requirements.
Texas Penal Code § 22.01 states that a person commits an offense if the person:
- intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;
- 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 person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
The element "bodily injury" is defined at Penal Code § 1.07(a)(8) as "physical pain, illness, or any impairment of physical condition." The Texas Court of Criminal Appeals has consistently held that the bar for "bodily injury" is low — transient pain or minor bruising suffices. The element "serious bodily injury" (defined at § 1.07(a)(46)) requires "substantial risk of death," permanent disfigurement, or protracted loss or impairment — this element does not appear in base § 22.01 assault but is central to aggravated assault under § 22.02.
Penalty range and classification
Base assault under § 22.01(a)(1) is a Class A misdemeanor; assault by threat or offensive contact under (a)(2) or (a)(3) is a Class C misdemeanor. Statutory enhancements under § 22.01(b) move the classification up — sometimes to third-degree felony.
| Offense theory | Statute | Classification | Punishment range |
|---|---|---|---|
| Assault — bodily injury | § 22.01(a)(1) | Class A misdemeanor | Up to 1 year county jail · $4,000 fine |
| Assault — threat of imminent bodily injury | § 22.01(a)(2) | Class C misdemeanor | Up to $500 fine |
| Assault — offensive contact | § 22.01(a)(3) | Class C misdemeanor | Up to $500 fine |
| Assault — family violence with prior FV conviction | § 22.01(b)(2)(A) | Third-degree felony | 2–10 years TDCJ · $10,000 fine |
| Assault — family violence by strangulation/impeding breath | § 22.01(b)(2)(B) | Third-degree felony | 2–10 years TDCJ · $10,000 fine |
| Assault — against public servant or peace officer | § 22.01(b)(1) | Third-degree felony | 2–10 years TDCJ · $10,000 fine |
| Assault — on security officer | § 22.01(b)(4) | Third-degree felony | 2–10 years TDCJ · $10,000 fine |
| Assault — on emergency services personnel | § 22.01(b)(5) | Third-degree felony | 2–10 years TDCJ · $10,000 fine |
For the broader Texas classification framework, see our pages on Class A misdemeanors, Class C misdemeanors, and third-degree felonies.
Family violence, public servant, and other enhancements
Several statutory enhancements move base assault out of misdemeanor range entirely. The most common in DFW practice are family-violence enhancements and assault-on-public-servant enhancements — each requires the State to plead and prove the enhancement separately.
Family-violence enhancement. Under Penal Code § 22.01(b)(2), base assault becomes a third-degree felony when the State alleges and proves (a) a prior family-violence conviction, or (b) that the assault was committed by impeding the breath or circulation of the alleged victim (strangulation). Even on the first offense, an assault adjudicated with a family-violence finding under Family Code § 71.0021/.003/.005 carries the federal Lautenberg firearms ban under 18 U.S.C. § 922(g)(9), which permanently prohibits firearm possession even for misdemeanor convictions involving a domestic partner.
Public-servant enhancement. Under § 22.01(b)(1), assault against a public servant lawfully discharging an official duty becomes a third-degree felony. The State must prove that the defendant knew or had reason to know the victim was a public servant and that the public servant was acting in the lawful discharge of official duty. Disputes over whether the officer was acting lawfully (for example, where an arrest is challenged as unlawful under the Fourth Amendment) can defeat the enhancement and reduce the charge back to Class A.
Other enhancements. Assault against a person with whom the actor has or had a dating relationship (under Family Code § 71.0021) triggers family-violence treatment. Assault against an emergency-services worker (§ 22.01(b)(5)), a hospital security officer (§ 22.01(b)(4)), or a contractor for the Texas Department of Criminal Justice each carry their own enhancement to third-degree. Assault against a person at a school or with a deadly weapon present can also implicate deadly-weapon enhancements.
Hypothetical examples
The following illustrative hypotheticals show how prosecutors charge and defense counsel evaluates Texas assault cases. They are not actual case outcomes — we do not attribute results to the firm.
A defendant and another patron exchange words at a Plano bar; both throw punches; the other patron sustains a split lip. Police arrest the defendant and charge Class A assault under § 22.01(a)(1). Defense analysis: self-defense under Penal Code § 9.31 if the defendant did not provoke the encounter and reasonably believed force was immediately necessary; mutual combat under Penal Code § 22.06 as a partial defense; potential reduction to Class C offensive contact if the bodily injury proof is weak.
A married couple in Frisco argues; the spouse calls police; officers see a small bruise; the defendant is arrested for Class A assault with a family-violence allegation. Defense analysis: review of body-worn camera for any indication of mutual aggression or self-defense; subpoena medical records to confirm or refute the injury allegation; consult on whether an affidavit of non-prosecution from the alleged victim will move the prosecutor toward dismissal or reduction; weigh the long-term Lautenberg consequences before any plea to a family-violence finding.
An officer tries to handcuff the defendant after a Denton traffic stop; in the struggle, the defendant's elbow makes contact with the officer's chest; the officer charges third-degree felony assault on a public servant. Defense analysis: was the underlying arrest lawful (Fourth Amendment / CCP Art. 14.03)? Was contact intentional or reflexive? Did the State pin down the "lawful discharge of official duty" element? Where the arrest is challenged as unlawful, the State may not be able to prove the public-servant enhancement — collapsing the felony to Class A or to resisting arrest only.
A defendant and a dating partner argue in Dallas; the partner alleges the defendant placed hands on her neck; police arrest for third-degree assault by impeding breath under § 22.01(b)(2)(B). Defense analysis: medical records typically document petechiae, hoarseness, or bruising consistent with strangulation; the absence of such findings undermines the State's case; eyewitness testimony often diverges between hands-on-neck and hands-on-shoulders; expert review of any photographs of the alleged victim's neck for telltale strangulation indicators.
A defendant pokes a co-worker in the chest during a heated workplace argument in Fort Worth; the co-worker reports it; police charge Class C offensive contact under § 22.01(a)(3). Defense analysis: this is fine-only with no jail exposure; pretrial diversion or set-aside motions can dispose of the case without a conviction; the offensive-contact element requires proof the defendant knew or should reasonably have believed the contact would be regarded as offensive.
Defenses
Texas assault defense draws from constitutional, statutory, and evidentiary sources. The defense menu at retainer is case-specific — below are the categories we evaluate in every assault matter.
Statutory affirmative defenses. Self-defense (Penal Code § 9.31) is the most frequent affirmative defense in assault matters — available when the defendant reasonably believed force was immediately necessary to protect against the other's use or attempted use of unlawful force. Defense of a third person (§ 9.33) extends the same protection when the third person was entitled to use force in self-defense. Consent (§ 22.06) is a partial defense to assault not involving serious bodily injury where the alleged victim consented to the conduct (for example, mutual combat or sports activity). Necessity (§ 9.22) applies where the defendant's conduct was justified to avoid imminent harm.
Constitutional suppression. Fourth Amendment suppression under CCP Art. 38.23 excludes evidence obtained through unlawful detention or arrest. Fifth Amendment suppression under Miranda v. Arizona, 384 U.S. 436 (1966), and CCP Art. 38.22 excludes custodial statements taken without proper warnings, without electronic recording (for felonies), or after invocation of counsel or silence. Sixth Amendment confrontation under Crawford v. Washington, 541 U.S. 36 (2004), excludes testimonial hearsay where the declarant is absent and not previously cross-examined.
Evidentiary challenges. Medical-records cross-examination often does the most work in Texas assault practice. The alleged victim's emergency-room records, photographs, and treatment notes are routinely subpoenaed; they frequently fail to document the injuries alleged in the offense report. Witness-credibility challenges through prior inconsistent statements under TRE 613, character impeachment under TRE 608/609, and bias impeachment can shift jury weight. Body-worn camera and dashboard-camera review — routinely produced under the Michael Morton Act (CCP Art. 39.14) — often shows the actual sequence of events differently from the offense report narrative.
What to do if charged with assault in Texas
The 30 to 45 days after an assault arrest are the period of maximum strategic flexibility. The five-step framework below applies in every Texas county we serve. It is general information — not legal advice for a specific case.
- Invoke your right to remain silent. Decline to answer law-enforcement questions about the alleged offense. Clearly state: "I want a lawyer. I am invoking my right to remain silent." Voluntary statements — even denials — can be edited and used against you under Texas Rule of Evidence 801(e)(2).
- Preserve evidence and documentation. Photograph any visible injuries to yourself; record the names and badge numbers of officers present; obtain a copy of any citation or charging document. Do not delete texts, social-media posts, or photographs that may bear on the case — preservation duties run from the moment you know or should know they may be relevant.
- Retain a Texas criminal defense attorney within 72 hours. Direct-attorney representation is essential in assault matters. The early window is when pretrial diversion is evaluated, bond conditions are negotiated, suppression candidates are identified, and the alleged victim's posture (cooperative, recanting, hostile) is assessed.
- Comply with all bond conditions. Read every condition on the bond paperwork. Family-violence cases commonly carry no-contact orders, GPS monitoring, no alcohol, and firearms-relinquishment conditions. Violations trigger bond revocation and re-incarceration.
- Do not discuss the case. No discussion with anyone other than your attorney. Statements to family, friends, co-workers, or on social media are discoverable and can be used by the State. This includes no contact with the alleged victim — even if the bond does not prohibit it, do not initiate.
Related pages
For deeper coverage, see:
- Aggravated assault — Penal Code § 22.02
- Continuous family violence — Penal Code § 25.11
- Injury to a child, elderly, or disabled person — Penal Code § 22.04
- Deadly conduct — Penal Code § 22.05
- Protective order violation — Penal Code § 25.07
- Family violence defense overview
- Texas Punishment Range Master Guide (compendium pillar)
Frequently asked questions
What is the legal definition of assault in Texas?
Texas Penal Code § 22.01(a) defines assault three ways: (1) intentionally, knowingly, or recklessly causing bodily injury to another; (2) intentionally or knowingly threatening another with imminent bodily injury; or (3) intentionally or knowingly causing physical contact when the actor knows or should reasonably believe the other will regard the contact as offensive or provocative. The three subsections cover three distinct offense theories with separate punishment ranges.
What is the penalty range for assault in Texas?
Base bodily-injury assault under § 22.01(a)(1) is a Class A misdemeanor — up to 1 year county jail and a $4,000 fine. Assault by threat or offensive contact under (a)(2) or (a)(3) is a Class C misdemeanor — up to $500 fine, no jail. Statutory enhancements (family violence with prior, strangulation, public servant, security officer, emergency-services personnel) move the offense to third-degree felony with a 2-to-10-year TDCJ range and a $10,000 fine.
How is family-violence assault different from regular assault in Texas?
Family-violence assault is base assault where the State alleges and proves a family or dating relationship under Family Code § 71.0021/.003/.005. The classification stays Class A on the first offense, but the consequences shift: the conviction triggers the federal Lautenberg firearms ban under 18 U.S.C. § 922(g)(9); the conviction grounds a future third-degree felony enhancement; and a finding of family violence sticks even on deferred adjudication. Strangulation in a family-violence context is third-degree on the first offense.
Can an assault charge be reduced or dismissed in Texas?
Often, yes. Common paths: pretrial diversion programs; reduction from Class A bodily-injury to Class C offensive contact where the bodily-injury proof is weak; motion to quash a defective charging instrument under CCP Chapter 27; motion to suppress an unlawful detention or arrest under CCP Art. 38.23; and direct dismissal where the alleged victim recants, becomes uncooperative, or where forensic evidence does not support the alleged injury. Each path requires case-specific evaluation.
Does the alleged victim get to drop assault charges in Texas?
No. In Texas, the State (county attorney for misdemeanors, district attorney for felonies) controls the prosecution — not the alleged victim. An uncooperative or recanting victim makes the State's case harder to prove but does not require dismissal. The victim can file a non-prosecution affidavit, but that is a request — not a command. The State can subpoena the victim, proceed on excited-utterance or present-sense-impression hearsay, or use a prior Crawford-compliant statement.
What defenses are available to a Texas assault charge?
Statutory: self-defense (§ 9.31), defense of third person (§ 9.33), defense of property (§§ 9.41–9.43), consent (§ 22.06 — limited), necessity (§ 9.22), and mistake of fact. Constitutional: suppression of unlawful statements (Miranda/CCP 38.22) and unlawful physical evidence (Fourth Amendment/CCP 38.23). Evidentiary: medical-records cross-examination, eyewitness reliability challenges, prior inconsistent statements under TRE 613, body-worn camera review under the Michael Morton Act.
Should I talk to police if I'm a suspect in an assault investigation?
No statement to law enforcement before consulting counsel. Fifth Amendment privilege under Miranda is available without arrest. State the request for counsel clearly — "I want a lawyer. I am invoking my right to remain silent." Then decline to answer further questions. Voluntary statements — including denials — can be admitted under TRE 801(e)(2) and characterized by the State at trial. Wait for counsel before any voluntary or recorded interview.
How long does an assault case take to resolve in Texas?
Class A misdemeanor assault cases in Collin, Dallas, Denton, and Tarrant counties typically run six to twelve months from arrest to resolution. Felony assault cases (aggravated assault, assault on public servant, family-violence with prior, strangulation) run nine to eighteen months through trial. Cases resolving through pretrial diversion or early deferred adjudication can dispose in three to six months. Pacing is strategic and case-specific.
Can an assault conviction be expunged in Texas?
Expunction under CCP Chapter 55 is available where the case ended in acquittal, dismissal after diversion, or no-bill by grand jury, subject to statutory waiting periods. A conviction generally cannot be expunged. For Class A or felony assault, non-disclosure under Government Code § 411.0725 may seal records after successful deferred adjudication on non-violent variants — but family-violence assault is statutorily excluded from non-disclosure under § 411.074. Eligibility is offense-specific.
Why direct-attorney representation matters in Texas assault cases
Assault matters — particularly family-violence assault — are time-sensitive at intake. The first 30 to 45 days determine whether pretrial diversion is on the menu, whether the bond can be modified, whether the alleged victim will be cooperative or hostile, and whether suppression candidates can be identified before the case sets for trial. An attorney who first meets the client at the pretrial setting has already missed the most strategic window. At L and L Law Group, both Reggie London (TX Bar 24043514) and Njeri London (TX Bar 24043266) personally evaluate every assault retainer.