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.
To prove this offense, the State must establish each of the following elements: Assault offensive contact (§22.01(a)(3)) — Class C; Class A vs. elderly/disabled; Assault by threat (§22.01(a)(2)) — Class C; FV designation triggers §14.03(a)(4) arrest authority; Protective-order pathway through prosecutor.
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.
Elements you must prove
- Assault offensive contact (§22.01(a)(3)) — Class C; Class A vs. elderly/disabled
- Assault by threat (§22.01(a)(2)) — Class C
- FV designation triggers §14.03(a)(4) arrest authority
- Protective-order pathway through prosecutor
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.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Against public servant lawfully discharging duty | 3rd degree felony | §22.01(b)(1) |
| Family violence + prior §22.01 / §25.07 / §25.072 conviction | 3rd degree felony | §22.01(b)(2)(A) |
| Family violence by impeding breath/circulation (strangulation) | 3rd degree felony | §22.01(b)(2)(B) |
| Strangulation + prior §22.01 FV-type | 2nd degree felony | §22.01(b-3) |
| Threat or contact against elderly/disabled | Class A misdemeanor | §22.01(c) |
Practice 1 question on this topic
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Worked examples
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?
- No action — no injury
- 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
- Tell them to be quieter
- Refer to civil court only