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What is Aggravated Assault in Texas?

In Texas, assaultive offenses are covered under Title 5, Chapter 22 of the Texas Penal Code. This Chapter addresses assault, aggravated assault, sexual assault and aggravated sexual assault, injury to a child or elderly individual, and more. But for the purposes of this post, we’re going to focus on the offense of “aggravated assault” because it’s a common charge that arises in domestic disputes as well as everyday altercations.

You’ve probably heard about the offense of assault and aggravated assault, but do you know the difference between the two crimes? You commit the offense of “assault” if you intentionally or knowingly:

  • Cause offensive physical contact against another person.
  • Cause bodily injury to another person, including your spouse.
  • Threaten another person with imminent bodily injury, including your spouse.

Assault under Section 22.01 is a Class A misdemeanor; however, it is a felony of the third degree if the victim is a member of your family or household, or if the victim is a public servant (e.g. police officer) who was discharging their duties at the time of the assault.

Aggravated Assault is More Serious

Of assault and aggravated assault, aggravated assault is the more serious offense of the two. You commit aggravated assault under Section 22.02 of the Texas Penal Code if you:

  • Cause serious bodily injury to a victim, including your spouse or child, or
  • You exhibit or use a deadly weapon during the assault. For example, a wife stabs her husband with a kitchen knife during a fight she’d likely be charged with aggravated assault.

Aggravated assault is a felony of the second degree. It is a felony of the first degree if the actor used a deadly weapon against a family or household member and caused serious bodily injuries.

Are facing assault charges in Plano or Dallas? Are you accused of family violence? To fight your assault charges, contact The Zendeh Del Law Firm, PLLC for help!