Family Code · §22.01

Assault

Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.

The base classification is Class A misdemeanor (default; bodily injury), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

  • Intentionally, knowingly, or recklessly
  • Causes bodily injury to another (including spouse)
Texas Law — Charge Details
Class C → 2nd Degree Felony
Offense
Assault
Statute
Tex. Penal Code §22.01
Classification
Class A misdemeanor (default; bodily injury)

Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.

Potential Penalty Enhancements
If this condition applies…Charge escalates to
Against public servant lawfully discharging duty3rd degree felony
Family violence + prior conviction listed in §22.01(b)(2)(A) (ch. 22, ch. 19, §20.03, 20.04, 21.11, 25.11, or FV-based §25.07/§25.072)3rd degree felony
Family violence by impeding breath/circulation (strangulation)3rd degree felony
Strangulation + prior §22.01 FV-type2nd degree felony
Against a person the actor knows is a peace officer or judge lawfully discharging an official duty (or in retaliation)2nd degree felony
Offensive contact (§22.01(a)(3)) against an elderly or disabled individualClass A misdemeanor

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Worked examples

Worked example 1

SCENARIO. Officer responds to a 'verbal disturbance' and finds two adults arguing. The female says: 'He keeps pushing me with his finger and saying he'll hurt me later.' The man admits the finger-pushing. Best course?

  1. No action — no injury
  2. Investigate fully — assault by offensive physical contact (Penal §22.01(a)(3) Class C) and possibly assault by threat (§22.01(a)(2) Class C); document family-violence relationship for DV designation; consider arrest under §14.03(a)(4) on FV PC; file Family Code protective-order paperwork through prosecutor Correct
  3. Tell them to be quieter
  4. Refer to civil court only
Why: Even minor physical contact + threats may constitute family-violence assault and supports warrantless arrest under CCP §14.03(a)(4). The 'finger-pushing' qualifies as offensive physical contact assault. Document the FV designation; protective-order pathway opens through prosecutor / county attorney.
Statute: Tex. Penal Code §22.01; Tex. Code Crim. Proc. art. 14.03(a)(4); Tex. Fam. Code §71.004