Penal Code · §22.01

Assault

Q: Simple Assault by causing bodily injury to another (§22.01(a)(1)) is generally what level of offense?

Class A misdemeanor Assault causing bodily injury is a Class A misdemeanor by default. It is enhanced (up to 3rd or 2nd degree felony) for victims like public servants, family/household/dating partners with prior convictions, or where the conduct impedes breath or circulation.

Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.

The base classification is Class A misdemeanor (default; bodily injury), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.

Key points

Intentionally, knowingly, or recklessly
Causes bodily injury to another (including spouse)

Texas Law — Charge Details

Class C → 2nd Degree Felony

Offense

Assault

Statute

Tex. Penal Code §22.01

Classification

Class A misdemeanor (default; bodily injury)

Potential Penalty Enhancements

If this condition applies…	Charge escalates to
Against public servant lawfully discharging duty	3rd degree felony
Family violence + prior conviction listed in §22.01(b)(2)(A) (ch. 22, ch. 19, §20.03, 20.04, 21.11, 25.11, or FV-based §25.07/§25.072)	3rd degree felony
Family violence by impeding breath/circulation (strangulation)	3rd degree felony
Strangulation + prior §22.01 FV-type	2nd degree felony
Against a person the actor knows is a peace officer or judge lawfully discharging an official duty (or in retaliation)	2nd degree felony
Offensive contact (§22.01(a)(3)) against an elderly or disabled individual	Class A misdemeanor

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Worked examples

Worked example 1

Simple Assault by causing bodily injury to another (§22.01(a)(1)) is generally what level of offense?

Class C misdemeanor
Class B misdemeanor
Class A misdemeanor Correct
State jail felony

Why: Assault causing bodily injury is a Class A misdemeanor by default. It is enhanced (up to 3rd or 2nd degree felony) for victims like public servants, family/household/dating partners with prior convictions, or where the conduct impedes breath or circulation.

Statute: Tex. Penal Code §22.01(b)

Worked example 2

Assault by threat or by offensive contact (§22.01(a)(2)–(a)(3)) is generally what level of offense?

Class C misdemeanor, unless an exception in §22.01(c) applies Correct
Class B misdemeanor
Class A misdemeanor
State jail felony

Why: Both are Class C misdemeanors by default (§22.01(c)). Exceptions: offensive contact under (a)(3) against an elderly or disabled individual is a Class A misdemeanor (c)(1); an offense by a non-participant against a person the actor knows is a sports participant, while performing or in retaliation, is a Class B misdemeanor (c)(2); and an offense against a pregnant individual to force the individual to have an abortion is a Class A misdemeanor (c)(3).

Statute: Tex. Penal Code §22.01(c)

Worked example 3

Assault Causes Bodily Injury — Family Violence (§22.01(b)(2)(A)) is enhanced to a 3rd degree felony if:

The victim sought medical care
The defendant has a prior conviction for an offense against a family, household, or dating-relationship victim under Chapter 22, Chapter 19, or §20.03, 20.04, 21.11, or 25.11, or under §25.07 or §25.072 if based on family violence Correct
The offense occurred at night
The defendant was intoxicated

Why: §22.01(b)(2)(A): assault causing bodily injury against a family, household, or dating-relationship victim is a third-degree felony if the defendant has previously been convicted of an offense against such a person under Chapter 22, Chapter 19, or §20.03, 20.04, 21.11, or 25.11 (continuous violence against the family), or under §25.07 or §25.072 if the violation was based on family violence. §25.072 is repeated violation of certain court orders or conditions of bond, not continuous violence.

Statute: Tex. Penal Code §22.01(b)(2)(A)