Is Assault a Felony in Texas? — Class A, 3rd Degree, and Aggravated Charges
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Table of Contents
Misdemeanor assault tiers
Standard assault under Penal Code §22.01:
- Class C misdemeanor: Intentionally or knowingly causing physical contact when contact would be regarded as offensive (no injury required). Up to $500 fine.
- Class A misdemeanor: Causing bodily injury to another. Up to 1 year county jail; $4,000 fine.
When assault becomes felony
Felony assault scenarios:
Aggravated assault (Penal Code §22.02):
- Causing serious bodily injury
- Using or exhibiting deadly weapon
- Second-degree felony base (2-20 years TDCJ)
- First-degree if against public servant, security officer, or specific aggravators (5-99 or life)
Assault by family violence enhancements:
- Family violence assault with prior family violence conviction: 3rd-degree felony (§22.01(b)(2)(A))
- Family violence assault by strangulation or suffocation: 3rd-degree felony (§22.01(b)(2)(B))
- Continuous family violence: 3rd-degree felony (§25.11)
Assault on public servants:
- Assault on peace officer, security officer, judge: enhanced to third-degree felony (§22.01(b)(1))
- Aggravated assault on public servant: 1st-degree felony
Assault on persons protected by court order:
- Assault while subject to protective order: enhanced
Defense considerations
Defense strategies vary by tier:
Misdemeanor assault: Self-defense, mutual combat, identity, lack of injury, false report. Most first-time misdemeanor cases plead to deferred adjudication or class.
Felony assault: Self-defense (Penal Code Chapter 9), serious bodily injury contest, deadly weapon contest, identity, causation. Most felony assault cases require aggressive defense investigation and motion practice.
The family violence finding has implications beyond the immediate case — federal firearm prohibition under Lautenberg Amendment for misdemeanor DV convictions, even with deferred adjudication. Defense work focuses on either avoiding conviction or structuring plea to minimize collateral consequences.
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
Can a simple bar fight be a felony?
Standard simple assault from a bar fight is Class A misdemeanor. Becomes felony if: (1) serious bodily injury results, (2) deadly weapon used, (3) victim is peace officer/security officer/judge. Pure punching without serious injury or weapons stays at misdemeanor level.
What's the difference between assault and aggravated assault?
Standard assault (§22.01) involves bodily injury, threat of bodily injury, or offensive contact — Class A misdemeanor typically. Aggravated assault (§22.02) adds either serious bodily injury OR deadly weapon use, becoming 2nd-degree felony. The aggravating element is the felony trigger.
Is verbal threat without contact assault?
Threats of bodily injury can constitute assault under §22.01(a)(2). Pure verbal threats without physical conduct generally don't satisfy the elements. The case may charge under terroristic threat (§22.07) instead.
Does pushing count as assault?
Yes, under "offensive contact" theory (§22.01(a)(3)) — Class C misdemeanor. If the pushing causes bodily injury (any physical pain), it becomes Class A misdemeanor. Hard pushing causing fall and significant injury may support aggravated assault charges.
Will assault charges affect my employment?
Yes, particularly felony assault. Class A misdemeanor convictions appear on background checks. Felony assault is permanent record with broad collateral consequences. Many industries (healthcare, education, security, transportation) disqualify violent-offense candidates. Defense work to achieve dismissal, reduction, or deferred adjudication substantially affects employment risk.
