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What Are the Penalties for Assault in Texas?

If you were recently arrested on assault charges or for a dispute involving domestic violence, then you are probably very curious about what types of penalties you are facing, and reasonably so.

Whether you were involved in a bar fight, an altercation at work, home, or someplace else, it is not uncommon for arguments to turn physical. However, just because you were arrested, it does not mean that you weren’t acting in self-defense.

Continue reading to learn more about assault under Sec. 22.01 of the Texas Penal Code.

Texas Penal Code: Sec. 22.01 Assault

Under Sec. 22.01 of the Texas Penal Code, a person commits the offense of assault when he or she intentionally, knowingly, or recklessly injures another person’s body, and this includes their own spouse.

A person also commits assault if they intentionally or knowingly threaten another with imminent bodily injury, including their husband or wife.

It is also assault if a person intentionally or knowingly causes physical contact with another person when such contact is offensive.

Assault is usually charged as a Class A misdemeanor, which is punishable by:

  • A maximum fine of $4,000,
  • Up to one year in jail, or
  • Both a fine and confinement.

Can assault be a felony?

Yes, in some cases it can be prosecuted as a felony. Assault is prosecuted as a third degree felony if it is committed against a public servant while they are lawfully discharging an official duty.

Assault can also be charged as a third degree felony if the assault was committed against a family member (family violence), and the offender has been convicted of specific offenses against family members, including kidnapping, indecency with a child, or continuous violence against the family.

Under Sec. 12.34, a third degree felony is punishably by a maximum fine of $10,000, or up to 10 years in prison, or both.

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Categories: Assault