Quick reference
Texas Penal Code § 22.02 governs Aggravated 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 Aggravated Assault charges.
What Texas Penal Code § 22.02 says
Section 22.02 of the Texas Penal Code is the controlling Texas statute for Aggravated 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, § 22.02 must be read together with:
Texas punishment classifications
The punishment for an offense under § 22.02 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 Aggravated Assault cases
Every § 22.02 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 Aggravated 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 § 22.02 a felony in Texas?
The classification depends on the specific subsection and any enhancements alleged. Aggravated 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 Aggravated 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 § 22.02?
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 § 22.02 and are uncertain, the indictment and statute will indicate whether registration attaches.
What if § 22.02 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 Aggravated Assault case?
Yes. We handle Aggravated 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 § 22.02 takes the underlying Assault offense from § 22.01 and adds aggravators — serious bodily injury or use of a deadly weapon — that elevate it to a felony.
§ 22.02(a)(1) — Serious bodily injury
A person commits an offense if the person commits assault as defined in § 22.01 and the person causes serious bodily injury to another, including the person's spouse.
Plain English
The State alleges an underlying assault that caused serious bodily injury — defined in Penal Code § 1.07(a)(46) as substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of function of a bodily member or organ.
What the State must prove
- All elements of an underlying § 22.01 assault
- Serious bodily injury as defined in § 1.07(a)(46)
- Causal link between the defendant's conduct and the serious injury
Common defenses
- Injury does not meet the 'serious bodily injury' threshold (often a medical-record question)
- Self-defense under Chapter 9
- Causation — pre-existing condition or intervening cause
- Mistaken identity
§ 22.02(a)(2) — Use or exhibition of deadly weapon
A person commits an offense if the person commits assault as defined in § 22.01 and the person uses or exhibits a deadly weapon during the commission of the assault.
Plain English
The State alleges an underlying assault during which the defendant used or merely exhibited a deadly weapon — defined in § 1.07(a)(17) to include firearms and anything capable of causing death or serious bodily injury in the manner used or intended.
What the State must prove
- All elements of an underlying § 22.01 assault
- Use or exhibition of a deadly weapon
- Deadly-weapon status under § 1.07(a)(17)
Common defenses
- Object is not a deadly weapon under McCain manner-of-use analysis
- No use or exhibition occurred
- Self-defense
- Lack of intent to use the object as a weapon
§ 22.02(b) — First-degree enhancements
An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if it is committed: (1) by a person who is acting in retaliation against or on account of the services of another as a public servant, witness, prospective witness, or informant; (2) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty; ... (B) discharge of a firearm from a motor vehicle...
Plain English
Most Aggravated Assault is a 2nd-degree felony. Specific aggravators in § 22.02(b) — including drive-by shootings, family-violence assault by choking, and assault on public servants — escalate the offense to a 1st-degree felony with a 5-99 year or life range.
What the State must prove
- All elements of the underlying § 22.02(a) offense
- The specific § 22.02(b) aggravator alleged
Common defenses
- Challenge to the specific aggravator (e.g., no firearm discharge from vehicle)
- Knowledge requirement for public-servant aggravator
- Family-violence relationship under Family Code Chapter 71
Common Scenarios
These hypothetical scenarios illustrate how Texas Penal Code § 22.02 applies. They are educational examples — not predictions about any specific case.
Scenario 1: Assault with a deadly weapon
A defendant who, during an altercation in a Frisco parking lot, swings a baseball bat at another person and causes injury. Under § 22.02(a)(2), this conduct could constitute Aggravated Assault because a deadly weapon was used or exhibited.
Key consideration: Almost any object can be a 'deadly weapon' under § 1.07(a)(17) depending on the manner of use; vehicles, fists, and even feet have been held deadly weapons in specific cases.
Scenario 2: Serious bodily injury without weapon
A defendant who in a Plano bar fight strikes another person and causes a fractured skull, requiring surgery. Under § 22.02(a)(1), this conduct could constitute Aggravated Assault because the State alleges serious bodily injury — defined in § 1.07(a)(46) as substantial risk of death, serious disfigurement, or protracted loss of function.
Key consideration: Whether an injury meets the 'serious bodily injury' threshold is often the central trial issue, supported by medical records and physician testimony.
Scenario 3: Aggravated assault on family member
A defendant who, during a family-violence incident, uses a knife to threaten a household member. Under § 22.02 combined with the family-violence enhancement in § 22.02(b)(1), this conduct could constitute 1st-degree felony Aggravated Assault.
Key consideration: Family-violence Aggravated Assault carries a 5-99 years or life punishment range, and conviction triggers permanent federal firearm restrictions under 18 U.S.C. § 922(g)(9).
Scenario 4: Drive-by shooting
A defendant who fires a gun from a moving vehicle toward a home or another vehicle. Under § 22.02(b)(2)(B), this conduct could constitute 1st-degree felony Aggravated Assault even if no one is struck.
Key consideration: The discharge-of-firearm enhancement applies if the shot is fired from a motor vehicle reckless as to whether the residence is occupied — see also § 22.05 Deadly Conduct.
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 § 22.02. The decisions below are reference points the defense uses when framing motions, jury arguments, and trial strategy.
-
McCain v. State, 22 S.W.3d 497, Tex. Crim. App. 2000
Addressed the 'deadly weapon' definition under Penal Code § 1.07(a)(17) and held that almost any object can qualify based on manner of use.
-
Tucker v. State, 274 S.W.3d 688, Tex. Crim. App. 2008
Discussed sufficiency of evidence in aggravated-assault prosecutions and the standard for upholding a deadly-weapon finding on appeal.
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.
Compendiums, calculators & related sections
Interactive calculator
Practice area
Related penal-code sections
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.
Verify on Texas Bar
Reggie London
Co-Founding Partner
Texas Bar No. 24043514. Former Dallas County Assistant District Attorney. Extensive felony trial experience including DWI dockets.
Verify on Texas Bar