Assault Causing Bodily Injury in Texas

In Texas, assault causing bodily injury is a Class A misdemeanor under Texas Penal Code § 22.01(a)(1) — punishable by up to one year in county jail and a fine of up to $4,000 — when a person intentionally, knowingly, or recklessly causes bodily injury to another. The same conduct can be charged as a felony depending on who the victim is, whether a weapon was involved, and how serious the injury is.

Texas Penal Code § 22.01 states that a person commits an assault when they:

• Intentionally, knowingly, or recklessly cause bodily injury to another person, including their spouse;
• Intentionally or knowingly threaten another person with imminent bodily injury; or
• Intentionally or knowingly cause physical contact with another person that the offender knows or should reasonably believe the other person will regard as offensive or provocative.

The first of these — actually causing bodily injury — is the offense commonly charged as assault causing bodily injury. When an assault results in injury, the accused should seek an experienced Austin criminal defense attorney without delay.

What Counts as “Bodily Injury” in Texas?

Texas law defines bodily injury as physical pain, illness, or any impairment of physical condition. The injury does not have to be serious or leave a visible mark — if the alleged victim felt any level of pain, the conduct can support the charge, so long as it was more than merely offensive touching.

The charge becomes more serious if the victim allegedly suffered serious bodily injury — an injury creating a substantial risk of death, causing disfigurement, or resulting in the loss of a bodily function.

When Is Assault Causing Bodily Injury a Felony?

A base assault causing bodily injury is a Class A misdemeanor, but the same conduct can be charged as a felony depending on the circumstances. Common enhancements include:

• Who the victim is — an assault against a public servant, peace officer, or emergency worker performing an official duty can be charged as a felony.
• A family or household member — when the victim is a spouse, partner, relative, or household member, the case carries a family-violence finding and its own enhancement rules. See our dedicated page on assault causing bodily injury to a family member.
• A weapon or a serious injury — using or exhibiting a deadly weapon, or causing serious bodily injury, can elevate the offense to aggravated assault.

Assault Penalties in Texas

Assault charges in Texas are classified at several levels, and the penalties change accordingly. Depending on the victim, any injury, and any prior record, the possible classifications include:

• Class C Misdemeanor — fine of up to $500
• Class B Misdemeanor — up to 180 days in jail and/or a fine of up to $2,000
• Class A Misdemeanor — up to one year in jail and/or a fine of up to $4,000
• State Jail Felony — 180 days to two years in state jail and/or a fine of up to $10,000
• Third-Degree Felony — 2 to 10 years in prison and/or a fine of up to $10,000
• Second-Degree Felony — 2 to 20 years in prison and/or a fine of up to $10,000
• First-Degree Felony — 5 to 99 years or life in prison and/or a fine of up to $10,000

Beyond jail time, an assault conviction can make you ineligible for certain jobs and professional licenses, complicate housing, and — in family-violence cases — affect firearm rights and child custody. Seek defense help early and avoid a conviction whenever possible.

Contact Our Austin Criminal Defense Lawyer

If you have been charged with any kind of assault in Texas, you need experienced representation without delay. The Law Office of David D. White, PLLC has defended assault charges in Central Texas courts since 2004. We negotiate hard for a favorable outcome and will not hesitate to go to trial when protecting your rights requires it.

Call (512) 369-3737 or contact our Austin criminal defense attorney online for a free consultation.