Penal 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
Aggravated Assault under §22.02 requires Assault PLUS:
- Multiple victims
- Causing serious bodily injury OR using or exhibiting a deadly weapon during the assault Correct
- A prior assault conviction
- Use of profanity
Why: Aggravated Assault adds either (1) serious bodily injury or (2) use or exhibition of a deadly weapon during the commission of the assault.
Statute: Tex. Penal Code §22.02(a)
Worked example 2
Aggravated Assault is generally what level of felony?
- State jail felony
- 3rd degree felony
- 2nd degree felony Correct
- 1st degree felony
Why: Aggravated Assault is generally a second-degree felony (§22.02(b)). It is first degree if: (1) the actor uses a deadly weapon and causes serious bodily injury to a family, household, or dating-relationship victim, or a traumatic brain or spine injury resulting in a persistent vegetative state or irreversible paralysis; (2) it is committed by a public servant under color of office, or against a known public servant lawfully discharging a duty, a witness or informant in retaliation, a process server, or a security officer; (3) the actor, from or en route to a motor vehicle, knowingly discharges a firearm at a habitation, building, or vehicle, is reckless as to occupancy, and causes bodily injury or property damage or places a person in fear of imminent SBI; or (4) the assault is part of a mass shooting.
Statute: Tex. Penal Code §22.02(b)