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.

To prove this offense, the State must establish each of the following elements: Underlying §22.01 Assault; Plus serious bodily injury, OR; Plus use or exhibition of a deadly weapon.

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

  • 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 toStatute
Against public servant in lawful discharge OR retaliation1st degree felony§22.02(b)(2)(A)
Family violence with deadly weapon causing SBI1st degree felony§22.02(b)(1)
Drive-by shooting at habitation/building/vehicle causing SBI1st degree felony§22.02(b)(3)

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Worked examples

Worked example 1

Aggravated Assault under §22.02 requires Assault PLUS:

  1. Multiple victims
  2. Causing serious bodily injury OR using or exhibiting a deadly weapon during the assault Correct
  3. A prior assault conviction
  4. 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?

  1. State jail felony
  2. 3rd degree felony
  3. 2nd degree felony Correct
  4. 1st degree felony
Why: Aggravated Assault is generally a 2nd degree felony. It rises to a 1st degree felony in several aggravators — e.g., against a public servant in retaliation, against a family/household/dating member with serious bodily injury, or by discharging a firearm from a motor vehicle at a building/habitation/vehicle and causing serious bodily injury.
Statute: Tex. Penal Code §22.02(b)