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Assault Charges in Texas

Gone are the days when two people can get into an argument, throw a few fists, dust themselves off and shake hands before they walk away. These days, any kind of physical fighting is frowned upon, no matter which state you live in.

While some states separate such offenses into “assault” and “battery,” in Texas violent offenses generally fall under assault and aggravated assault.

In fact, even family violence or “domestic violence” is covered under Title 5, Chapter 22 of the Texas Penal Code, assaultive offenses. Texas does not have a separate family violence statute like some states. Rather, family violence is generally charged as assault or aggravated assault.

Section 22.01 Assault

Under Sec. 22.01 of the Texas Penal Code, a person commits “assault” if he or she:

  • Intentionally, knowingly, or recklessly causes bodily injury to another person, including their own spouse, or
  • Intentionally threatens to hurt someone else, including their own spouse, or they cause physical contact with another person that is aggressive or offensive.

Assault under Sec. 22.01 is a Class A misdemeanor offense, punishable by up to one year in jail, or a fine not to exceed $4,000, or both. If the assault was committed against a police officer, it would be a third degree felony.

Section 22.02 Aggravated Assault

Aggravated assault is more serious than assault because it involves one of two elements: the victim suffers serious bodily injury, or the actor exhibited or used a deadly weapon while committing the assault.

Under Sec. 22.02, aggravated assault can be charged as a felony of the first or second degree depending upon the circumstances. For example, aggravated assault is a felony of the first degree when the actor uses a deadly weapon while assaulting a family member, such as their spouse or child, and they cause serious bodily injury.

In Texas, a felony of the first degree is punishable by up to life imprisonment and a fine not to exceed $10,000. A felony of the second degree is punishable by up to 20 years in prison and by a fine not to exceed $10,000.

If you are facing assault charges in Plano, Dallas, or Ft. Worth, contact The Zendeh Del Law Firm, PLLC for aggressive defense representation!