Aggravated Assault
Assault PLUS (1) causing serious bodily injury OR (2) using or exhibiting a deadly weapon during the commission of the assault.
To prove this offense, the State must establish each of the following elements: No stand-alone HIV transmission offense in Texas; Penal Code aggravated assault may apply where elements met; Public health reporting obligations under HSC ch. 81.
The base classification is 2nd degree felony (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- No stand-alone HIV transmission offense in Texas
- Penal Code aggravated assault may apply where elements met
- Public health reporting obligations under HSC ch. 81
Assault PLUS (1) causing serious bodily injury OR (2) using or exhibiting a deadly weapon during the commission of the assault.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Against public servant in lawful discharge OR retaliation | 1st degree felony | §22.02(b)(2)(A) |
| Family violence with deadly weapon causing SBI | 1st degree felony | §22.02(b)(1) |
| Drive-by shooting at habitation/building/vehicle causing SBI | 1st degree felony | §22.02(b)(3) |
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Worked examples
Tex. Health & Safety Code §85.115 — knowing transmission of HIV or certain communicable diseases:
- No criminal liability
- Generally not a stand-alone offense in current Texas law; conduct may be charged under Penal Code (e.g., aggravated assault, sexual assault) where elements are met; civil and reporting obligations also apply Correct
- Capital felony always
- Felony stand-alone