Penal Code · §22.02

Aggravated Assault

Q: Aggravated Assault is generally what level of felony?

2nd degree felony 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.

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)