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)
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 |
|---|---|
| Against public servant lawfully discharging duty | 3rd 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-type | 2nd 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 individual | Class A misdemeanor |
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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