Health & Safety Code · §22.02
Aggravated Assault
Assault PLUS (1) causing serious bodily injury OR (2) using or exhibiting a deadly weapon during the commission of the assault.
The base classification is 2nd degree felony (default), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Key points
- Underlying §22.01 Assault
- Plus serious bodily injury, OR
- Plus use or exhibition of a deadly weapon
Texas Law — Charge Details
2nd Degree → 1st Degree Felony
Offense
Aggravated Assault
Statute
Tex. Penal Code §22.02
Classification
2nd degree felony (default)
Assault PLUS (1) causing serious bodily injury OR (2) using or exhibiting a deadly weapon during the commission of the assault.
Potential Penalty Enhancements
| If this condition applies… | Charge escalates to |
|---|---|
| Against a known public servant in lawful discharge OR retaliation | 1st degree felony |
| Family violence with deadly weapon causing SBI | 1st degree felony |
| Firearm discharged from or en route to a vehicle at a habitation/building/vehicle, causing bodily injury or damage or fear of imminent SBI | 1st degree felony |
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Worked examples
Worked example 1
Texas has no stand-alone offense of transmitting HIV. If a person who knows they are HIV-positive is charged with aggravated assault (Tex. Penal Code §22.02) for exposing another person, what must the State prove under a deadly-weapon theory?
- Only that the person knew their HIV status
- An assault under §22.01, plus that the person used or exhibited a deadly weapon during it, meaning anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (§1.07(a)(17)(B)) Correct
- That the person had been reported to the health department under HSC ch. 81 before the exposure
- Nothing beyond the exposure; HIV exposure is automatically a first-degree felony
Why: Neither Penal Code chapter 22 nor Health & Safety Code chapter 81 defines an offense of transmitting HIV. Aggravated assault under §22.02(a)(2) requires an assault under §22.01 plus using or exhibiting a deadly weapon during the assault. Under §1.07(a)(17)(B), a deadly weapon includes anything that in the manner of its use or intended use is capable of causing death or serious bodily injury, so this theory depends on proof of that capability and of the underlying assault, not on HIV status alone. Chapter 81 has separate Class B misdemeanors, such as concealing a communicable disease during a health investigation (§81.066) and refusing a health authority's control measures (§81.087).
Statute: Tex. Penal Code §22.02 (Aggravated Assault); §1.07(a)(17)(B); Tex. Health & Safety Code ch. 81