Quick reference
Texas Penal Code § 22.01 governs Assault in Texas. The statute can be read in full at Texas Statutes via Texas Legislature Online. Punishment ranges and defenses depend on the specific subsection and circumstances of each case. Below is L and L Law Group's plain-English summary plus the strategic considerations we use when defending Assault charges.
What Texas Penal Code § 22.01 says
Section 22.01 of the Texas Penal Code is the controlling Texas statute for Assault. The statute defines what conduct is criminalized, what mental state (mens rea) is required, and what penalties apply. The full statutory text is published at capitol.texas.gov and updated each odd-numbered legislative session.
Like every Texas criminal statute, § 22.01 must be read together with:
Texas punishment classifications
The punishment for an offense under § 22.01 depends on the specific subsection charged and any enhancement allegations in the indictment. Texas Penal Code Chapter 12 sets the punishment ranges:
| Classification | Range | Authority |
|---|
| Class C misdemeanor | Fine up to $500 (no jail) | § 12.23 |
| Class B misdemeanor | Up to 180 days county jail; up to $2,000 fine | § 12.22 |
| Class A misdemeanor | Up to 1 year county jail; up to $4,000 fine | § 12.21 |
| State jail felony | 180 days - 2 years state jail (no parole); up to $10,000 fine | § 12.35 |
| 3rd-degree felony | 2-10 years TDCJ; up to $10,000 fine | § 12.34 |
| 2nd-degree felony | 2-20 years TDCJ; up to $10,000 fine | § 12.33 |
| 1st-degree felony | 5-99 years or life TDCJ; up to $10,000 fine | § 12.32 |
| Capital felony | Life without parole or death penalty | § 12.31 |
Enhancements under § 12.42 (prior felony convictions) and § 12.43 (prior misdemeanor convictions) can move the punishment range upward. The State must plead enhancement paragraphs in the indictment to use them at sentencing.
How L and L Law Group defends Assault cases
Every § 22.01 prosecution requires the State to prove each element of the offense beyond a reasonable doubt. The defense lawyer's job is to identify where the State's proof falls short. Common defense approaches in Assault cases:
- Constitutional defenses: Fourth Amendment suppression of evidence obtained through illegal search and seizure; Fifth Amendment / Miranda suppression of statements; Sixth Amendment right to counsel issues.
- Factual defenses: Mistaken identity, alibi, lack of corroboration, body-cam or surveillance contradictions of officer testimony.
- Legal defenses: Self-defense (Penal Code Chapter 9), necessity (§ 9.22), duress (§ 8.05), mistake of fact (§ 8.02), insanity (§ 8.01).
- Procedural defenses: Statute of limitations (CCP Article 12.01), speedy trial (Sixth Amendment), prosecutorial misconduct.
- Sentencing-phase defenses: Mitigation, character witnesses, treatment enrollment, employment verification, family support.
The right defense depends on the specific facts, the specific evidence the State has gathered, and the specific subsection charged.
Frequently asked questions
Is § 22.01 a felony in Texas?
The classification depends on the specific subsection and any enhancements alleged. Assault charges can range from Class C misdemeanor to 1st-degree felony in some cases. The indictment or information will specify the alleged classification.
What is the statute of limitations for Assault?
Most felonies in Texas have a 3-year statute of limitations under Code of Criminal Procedure Article 12.01, though some have no limitations period at all (capital felonies, certain offenses against children). Most misdemeanors have a 2-year limitations period under Article 12.02.
Can I get probation for an offense under § 22.01?
Probation eligibility depends on whether the offense is on the Code of Criminal Procedure Article 42A.054(a) aggravated-offense list (formerly "3g offenses"). Most non-aggravated offenses are probation-eligible. For complete probation framework, see our punishment range page.
Can the charge be expunged later?
If the case ends in dismissal, acquittal, or no-bill, expunction under Code of Criminal Procedure Chapter 55 is available. If the case results in successful deferred adjudication, non-disclosure under Government Code § 411.0725 may apply (subject to exclusion list). See our expunction page.
Does this charge require sex offender registration?
Only offenses listed under Code of Criminal Procedure Article 62.001(5) require registration. Most non-sexual offenses do not. If you have been charged under § 22.01 and are uncertain, the indictment and statute will indicate whether registration attaches.
What if § 22.01 was amended recently?
Texas statutes are amended each odd-numbered year (regular session). For prosecutions, the law in effect at the time of the alleged offense controls. Recent amendments to Texas Penal Code can be tracked at capitol.texas.gov.
Can L and L Law Group help with my Assault case?
Yes. We handle Assault cases across Collin, Dallas, Denton, Tarrant, Rockwall, Kaufman, Ellis, and Hunt counties. Co-founding partners Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) take cases personally. Call (972) 370-5060 for a free, direct-to-attorney consultation.
Related resources at L and L Law Group
Elements of the Offense, Subsection by Subsection
Texas Penal Code § 22.01 defines Assault in three alternative ways and adds multiple enhancements based on victim category, prior history, and the manner of the offense. Each subsection is a distinct theory the State can charge.
§ 22.01(a)(1) — Bodily-injury assault
A person commits an offense if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse.
Plain English
The State alleges the defendant caused another person physical pain, illness, or impairment of physical condition. Even minor pain qualifies as 'bodily injury' under Penal Code § 1.07(a)(8).
What the State must prove
- The defendant acted intentionally, knowingly, or recklessly (Penal Code § 6.03)
- The defendant caused bodily injury — pain, illness, or any impairment of condition
- The injury was to another person (no self-injury offense)
Common defenses
- Self-defense or defense of others under Penal Code Chapter 9
- Mistake of fact (e.g., wrong identification of the actor)
- Lack of intent — injury caused by pure accident
- Insufficient proof of bodily injury (no pain, no injury, no medical record)
§ 22.01(a)(2) — Threat assault
A person commits an offense if the person intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse.
Plain English
The State alleges the defendant communicated an immediate threat of bodily injury — words, gestures, or conduct that put the other person in reasonable apprehension.
What the State must prove
- The defendant intentionally or knowingly threatened the other person
- The threat was of imminent (immediate) bodily injury
- The threat was communicated and perceived as imminent
Common defenses
- Words alone may not always constitute imminent threat depending on context
- Lack of imminence — threats of future harm are not within § 22.01(a)(2)
- First Amendment as applied to specific speech (rare)
- Self-defense or defense of others
§ 22.01(a)(3) — Offensive-contact assault
A person commits an offense if the person 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.
Plain English
The State alleges the defendant made physical contact that a reasonable person would regard as offensive or provocative — even if no bodily injury occurred.
What the State must prove
- Intentional or knowing physical contact (Penal Code § 6.03)
- Knowledge or reasonable belief the contact would be offensive or provocative
- The contact was actually made
Common defenses
- Lack of intent — accidental contact is not within (a)(3)
- Contact that no reasonable person would find offensive
- Consent (limited contexts)
§ 22.01(b)(1) — Assault on a public servant
An offense under Subsection (a)(1) is a felony of the third degree if the offense is committed against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty.
Plain English
When the alleged victim is a public servant on duty and the defendant knows it, the offense escalates from a Class A misdemeanor to a 3rd-degree felony.
What the State must prove
- All elements of (a)(1) bodily-injury assault
- The victim was a public servant (peace officer, firefighter, EMS, etc.)
- The victim was lawfully discharging an official duty
- The defendant knew the victim was a public servant
Common defenses
- Lack of knowledge of public-servant status (e.g., plainclothes, no uniform or identification)
- Officer was not lawfully discharging duty (Fourth Amendment unlawful arrest)
- Self-defense if the officer used excessive force (limited under Texas law)
§ 22.01(b)(2) — Family-violence enhancement
An offense under Subsection (a)(1) is a felony of the third degree if the offense is committed against a person whose relationship to or association with the defendant is described by Family Code § 71.0021(b), § 71.003, or § 71.005, and the defendant has been previously convicted of an offense against a family-violence victim.
Plain English
When the victim is a family or household member and the defendant has a prior family-violence conviction, the offense becomes a 3rd-degree felony. Choking allegations under (b)(2)(B) are also a 3rd-degree felony on a first offense.
What the State must prove
- All elements of (a)(1) assault
- Family or household relationship under Family Code Chapter 71
- For prior-conviction enhancement: a qualifying prior under § 22.01(b)(2)(A)
- For choking version: impeding breath or circulation under (b)(2)(B)
Common defenses
- Challenge to the prior conviction's validity or finality
- No family-violence relationship under Family Code § 71.0021(b)
- Self-defense under Chapter 9
- Choking allegation lacks medical or physical evidence
Common Scenarios
These hypothetical scenarios illustrate how Texas Penal Code § 22.01 applies. They are educational examples — not predictions about any specific case.
Scenario 1: Bar fight resulting in injury
A defendant who, during a confrontation outside a Frisco bar, strikes another person in the face, causing bruising and pain. Under § 22.01(a)(1), this conduct could constitute Assault Causing Bodily Injury — typically a Class A misdemeanor.
Key consideration: Self-defense under Chapter 9 is the most common defense; whether the State can prove the defendant was the initial aggressor often determines the outcome.
Scenario 2: Family-violence assault
A defendant who pushes a household member during a domestic argument and the other person sustains bruising. Under § 22.01 with a family-violence allegation per Family Code § 71.0021, this conduct could constitute Assault Family Violence — a Class A misdemeanor on the first offense and a 3rd-degree felony on subsequent offenses.
Key consideration: Even a misdemeanor family-violence finding triggers a lifetime federal firearm ban under 18 U.S.C. § 922(g)(9), regardless of probation or deferred adjudication.
Scenario 3: Threat or 'imminent harm' assault
A defendant who, during a road-rage encounter in Plano, threatens another driver with imminent bodily injury by raising a fist. Under § 22.01(a)(2), this conduct could constitute Assault by Threat — a Class C misdemeanor fine-only offense.
Key consideration: Whether words alone can constitute an Assault by Threat depends on the context and the perceived imminence of the threatened harm.
Scenario 4: Offensive-contact assault
A defendant who pokes another person's chest during an argument in a McKinney parking lot. Under § 22.01(a)(3), this conduct could constitute Assault by Offensive or Provocative Contact — a Class C misdemeanor.
Key consideration: The State must prove the defendant knew or should have known the contact would be regarded as offensive or provocative by a reasonable person.
Scenario 5: Assault on a public servant
A defendant who, while being arrested in Collin County, deliberately strikes a uniformed officer. Under § 22.01(b)(1), this conduct could constitute Assault on a Public Servant — a 3rd-degree felony rather than a misdemeanor.
Key consideration: The State must prove the defendant knew the person was a public servant lawfully discharging an official duty; mistake-of-fact about identity is occasionally a viable defense.
These are hypothetical educational scenarios. They do not reflect actual cases handled by L and L Law Group, PLLC, and outcomes vary based on facts, evidence, and legal representation. For a confidential, fact-specific discussion of a real case, call (972) 370-5060 or email info@landllawgroup.com.
Notable Case Law
Texas appellate courts have repeatedly construed Penal Code § 22.01. The decisions below are reference points the defense uses when framing motions, jury arguments, and trial strategy.
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Garcia v. State, 367 S.W.3d 683, Tex. Crim. App. 2012
Addressed the family-violence finding under Code of Criminal Procedure Article 42.013 and its consequences for sentencing and federal firearm restrictions.
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Landrian v. State, 268 S.W.3d 532, Tex. Crim. App. 2008
Discussed the proof required to support an enhanced family-violence assault conviction under Penal Code § 22.01(b) and the State's burden to plead and prove the prior.
Case law evolves; verify current status before relying on any holding. Citations are accurate as of 2026-05-19. For a case-specific analysis of how recent decisions affect a particular charge, call L and L Law Group at (972) 370-5060 or email info@landllawgroup.com.
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Last reviewed: 2026-05-13 by Njeri London and Reggie London, co-founding partners, L and L Law Group, PLLC. This content is reviewed for accuracy at least every 12 months and when statutory or case-law changes occur.
Attorney Advertising Disclosure. This content is for general informational purposes only and is not legal advice. Reading this content or contacting L and L Law Group, PLLC through this website does not create an attorney-client relationship. Prior results do not guarantee a similar outcome. Past performance is not a guarantee of future results.
About the Authors
Njeri London
Co-Founding Partner
Texas Bar No. 24043266. Admitted: TXND, TXED, 5th Circuit. Thurgood Marshall School of Law. Focus: Fourth Amendment motion practice, drug-crime defense, federal cases.
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Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets.
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