Is Assault a Felony in Texas?

Most assault charges in Texas start as misdemeanors, not felonies. Under Texas Penal Code Section 22.01, an assault that causes bodily injury is a Class A misdemeanor, and an assault by threat or by offensive contact is a Class C misdemeanor by default. Assault crosses into felony territory in specific situations: when the person hurt is a public servant, peace officer, or judge, when the State proves strangulation in a family-violence case, when there is a qualifying prior family-violence conviction, or when serious bodily injury or a deadly weapon turns the case into aggravated assault under Section 22.02.

The label matters. A Class C misdemeanor is a ticket-level offense with a fine and no jail. A felony can mean prison, the loss of firearm rights, and a record that follows you onto every job and housing application. The facts that separate those outcomes are often the facts a defense lawyer can challenge.

This is a general overview of Texas law. It is not legal advice, and it is not a substitute for talking with an attorney about your own case.

Is assault a felony in Texas?

Usually not. Simple assault in Texas is a Class A misdemeanor when it causes bodily injury, and a Class C misdemeanor for threats or offensive contact. It becomes a felony when the case involves choking in a family, household, or dating relationship, a prior family-violence conviction, certain protected victims, or serious injury or a deadly weapon.

• Bodily-injury assault, Section 22.01(a)(1): Class A misdemeanor by default.
• Threat or offensive contact, Sections 22.01(a)(2) and (a)(3): Class C misdemeanor by default. Offensive contact against an elderly or disabled individual is a Class A misdemeanor, and against a sports participant it is a Class B.
• Third-degree felony: assault on a public servant, or family-violence assault involving either a qualifying prior conviction or choking.
• Second-degree felony: bodily-injury assault against a peace officer or judge, or family-violence assault involving both a qualifying prior conviction and choking.
• Aggravated assault, Section 22.02: second-degree felony in most cases, first-degree in listed situations.

When assault is a misdemeanor

Section 22.01 of the Texas Penal Code defines three basic ways to commit assault. All three start at the misdemeanor level unless an enhancement applies.

• Assault by threat or by offensive contact is a Class C misdemeanor by default. This is the version where someone threatens another person with imminent bodily injury, or touches them in a way they know the other person will find offensive or provoking. No injury is required. A Class C misdemeanor carries a fine and no jail time. This is the lowest level of assault in Texas, and a lot of bar-fight and family-argument cases that get filed loudly turn out to fit here. Two exceptions raise offensive contact: against an elderly or disabled individual it becomes a Class A misdemeanor, and against a sports participant it becomes a Class B.
• Assault causing bodily injury is a Class A misdemeanor. “Bodily injury” in Texas means physical pain, illness, or any impairment of physical condition. The bar is low. A bruise, a scratch, or testimony that something hurt can meet it. A Class A misdemeanor is punishable by up to one year in county jail and a fine.

So a simple shove that leaves no mark may be charged as a Class C, while the same shove that leaves a bruise may be charged as a Class A. Neither one is a felony on its own.

When assault becomes a felony

A misdemeanor assault under Section 22.01 can be enhanced to a felony based on who the victim is, the defendant’s history, or how the assault was carried out.

• Family-violence assault with a prior conviction. If a person has a prior conviction for one of the family-violence offenses the statute lists and is charged with assaulting someone in a family, household, or dating relationship, the new charge is a third-degree felony. The earlier case is what raises the level.
• Assault on a public servant. Assaulting a public servant who is lawfully discharging an official duty, or in retaliation for that duty, is a third-degree felony. We cover this in more detail in assaulting a public servant in Texas.
• Assault on a peace officer or judge. Section 22.01(b-2) goes a step further. A bodily-injury assault against someone the defendant knows is a peace officer or judge, committed while the officer or judge is performing an official duty or in retaliation for it, is a second-degree felony, not a third.
• Strangulation in a family-violence case. Assault against a family or household member or a dating partner by impeding the person’s normal breathing or blood circulation, by applying pressure to the throat or neck or by blocking the nose or mouth, is a third-degree felony. This is the law most people mean when they say “choking.” It does not require a visible injury, which is part of why these cases get filed aggressively and why the medical and photographic evidence deserves a close look.
• Prior conviction plus choking together. Under Section 22.01(b-3), a family-violence assault becomes a second-degree felony when the State can prove both a qualifying prior conviction and strangulation in the same case.

A third-degree felony in Texas is a prison-range offense, and a second-degree felony carries a longer range still. The exact exposure and any further enhancements depend on the facts and on prior history, which is one reason these cases are worth fighting from the first court date.

Aggravated assault under Section 22.02

Aggravated assault is a separate offense under Section 22.02, not an enhancement of simple assault. It is a second-degree felony in most cases, and it applies when one of two things is true:

• The assault causes serious bodily injury to another person. “Serious bodily injury” is a higher standard than ordinary bodily injury. It means injury that creates a substantial risk of death, or that causes serious permanent disfigurement, or protracted loss or impairment of a body part or organ.
• The defendant uses or exhibits a deadly weapon during the assault. A deadly weapon is not limited to a gun or a knife. Texas law lets a car, a bottle, a board, or even hands and feet count as deadly weapons depending on how they were used.

Aggravated assault rises to a first-degree felony in certain listed situations: when it is committed against a public servant in the course of duty, when it is committed in retaliation against a witness or informant, or when the defendant uses a deadly weapon and causes serious bodily injury to a family or household member or someone in a dating relationship. First-degree is the most serious felony classification in Texas outside of capital offenses.

You can read more about the deadly-weapon version of these cases in aggravated assault with a deadly weapon in a domestic case.

Why the felony line is worth fighting over

Whether an assault is charged or proven as a felony usually turns on facts a defense attorney can contest. Was there actually serious bodily injury, or ordinary bodily injury dressed up to look worse? Was the object really used as a deadly weapon, or just present? Does the prior family-violence conviction the State is relying on hold up? Did the strangulation happen the way the report claims, or does the medical record tell a different story? Self-defense, defense of another, and consent can also apply depending on the facts.

When those questions break the defense’s way, a case the State filed as a felony may not stay one. A second-degree aggravated assault can sometimes be argued down toward a misdemeanor, and a misdemeanor sometimes resolves without a conviction at all. None of that is automatic, and every case is different.

Kent Starr is an assault defense lawyer in McKinney who defends assault and family-violence charges across Collin County, from a Class C citation through first-degree aggravated assault. The point of getting a lawyer involved early is to test the evidence before the State locks into the highest charge it can file.

If you or someone in your family is facing an assault charge in McKinney or Collin County, reach out for a confidential consultation with Kent. Past results do not guarantee future outcomes.

This article is general legal information about Texas law and is not legal advice. Reading it does not create an attorney-client relationship. For advice about a specific situation, consult a licensed attorney.