Assault causing bodily injury in Texas is a Class A misdemeanor at baseline, punishable by up to one year in county jail and a fine of up to $4,000. The charge climbs quickly from there. Depending on who was hurt, how, and whether you have prior convictions, the same underlying conduct can be prosecuted as a third-degree felony (2 to 10 years) or a second-degree felony (2 to 20 years).
What the State Has to Prove
Under Texas Penal Code Section 22.01, a prosecutor pursuing this charge must establish two things: that you caused bodily injury to another person, and that you did so intentionally, knowingly, or recklessly.1State of Texas. Texas Penal Code 22.01 – Assault
The definition of bodily injury is much broader than most people expect. It means physical pain, illness, or any impairment of physical condition.2State of Texas. Texas Penal Code 1.07 – Definitions No visible mark is required. No medical record is required. If the complainant testifies that you caused them physical pain, that testimony alone can satisfy this element.
The mental-state element has three levels. Intentional means you meant to cause the injury. Knowing means you were aware your conduct was reasonably certain to cause it. Reckless means you were aware of a substantial risk and disregarded it. Any of the three is enough.
The Baseline Misdemeanor Penalty
An assault causing bodily injury with no aggravating factors is a Class A misdemeanor, the highest misdemeanor tier in Texas. A conviction can bring up to one year in county jail, a fine of up to $4,000, or both.3State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor
In practice, many first-time defendants receive community supervision rather than jail. Typical conditions include reporting to a supervision officer, community service hours, anger management, and random drug testing. Violating a condition can send you to jail for the balance of the sentence.
When the Charge Becomes a Third-Degree Felony
A third-degree felony carries 2 to 10 years in state prison and a possible fine of up to $10,000.4State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment The common triggers for pushing an assault case to this level involve the victim’s identity or your history.
- A prior conviction for family violence, when the new alleged victim is a family member, household member, or dating partner.1State of Texas. Texas Penal Code 22.01 – Assault
- Strangulation of a family member, household member, or dating partner, meaning choking, applying pressure to the throat or neck, or blocking the nose or mouth. This is a third-degree felony even without any prior conviction.
- Assaulting someone you know to be a public servant performing official duties, such as firefighters, paramedics, and similar personnel.
When the Charge Becomes a Second-Degree Felony
A second-degree felony carries 2 to 20 years in prison and a fine of up to $10,000.5State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment Two paths reach this level.
The first is assaulting a person you know is a peace officer or judge while they are performing official duties.6Texas Legislature. Texas Penal Code Chapter 22 – Assaultive Offenses The distinction from the third-degree tier matters: most public servants get an assault case charged as a third-degree felony, but peace officers and judges get an extra layer that pushes the charge one step higher.
The second is strangulation of a family member, household member, or dating partner combined with a prior family violence conviction. All three pieces must be present: the qualifying relationship, the prior conviction, and the strangulation conduct. Remove any one and the charge falls to a lower category.
Aggravated Assault Is a Separate Charge
Assault causing bodily injury and aggravated assault sit on the same spectrum but are different offenses. If an assault results in serious bodily injury or involves a deadly weapon, the case is charged under Section 22.02 as aggravated assault instead.7State of Texas. Texas Penal Code 22.02 – Aggravated Assault
Serious bodily injury is a defined term. It means an injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes lasting loss of function in a body part or organ.2State of Texas. Texas Penal Code 1.07 – Definitions A fractured bone requiring surgery, a stab wound reaching an organ, or permanent scarring that severely disfigures a person can qualify. Minor scrapes and pain that heals without lasting impairment generally do not. Aggravated assault is a second-degree felony at baseline and can rise to first-degree in specific circumstances.
Self-Defense
Self-defense is the most common justification raised against an assault charge. Texas Penal Code Section 9.31 allows you to use force when you reasonably believe it is immediately necessary to protect yourself against another person’s use or attempted use of unlawful force.8State of Texas. Texas Penal Code 9.31 – Self-Defense The same justification covers using force to protect a third person.
Texas is a stand-your-ground state. You have no duty to retreat before using force if you have a right to be where you are and are not engaged in criminal activity.9State of Texas. Texas Penal Code 9.32 – Deadly Force in Defense of Person That does not mean any physical response is protected. Several situations remove the justification:
- Verbal provocation alone. Insults, threats, and yelling do not justify physical force.
- Provoking the other person’s use of force yourself, unless you clearly attempted to withdraw and they kept attacking.
- Consent to fight. If you agreed to the confrontation, the force used against you was not unlawful.
- Resisting a lawful arrest by a peace officer, unless the officer used excessive force first.
Your response must also be proportional. Deadly force is only justified when you reasonably believe it is immediately necessary to prevent someone from using unlawful deadly force against you, or to stop an imminent violent felony such as murder, robbery, or sexual assault.
Deferred Adjudication
Assault causing bodily injury is not on the list of offenses barred from deferred adjudication, so a judge can place you on that form of community supervision in both misdemeanor and felony cases. You plead guilty or no contest, the judge delays a formal finding of guilt, and if you complete the supervision period successfully, the charge is dismissed with no conviction entered.10State of Texas. Texas Code of Criminal Procedure Art. 42A.102 – Eligibility for Deferred Adjudication Community Supervision
Deferred is not the same as erased. The arrest and the deferred adjudication still appear on background checks unless you obtain an order of nondisclosure. And if the court makes an affirmative finding that the offense involved family violence, you are generally ineligible for nondisclosure altogether.11Texas Courts. An Overview of Orders of Nondisclosure The record stays visible to employers, landlords, and licensing boards.
Emergency Protective Orders After a Family Violence Arrest
If the arrest involves family violence, a magistrate can issue an emergency protective order at your arraignment. No application from the alleged victim is required. The magistrate can act on their own initiative or at the request of the victim, a peace officer, or a prosecutor.12Texas State Law Library. Protective Orders The order typically lasts between 61 and 121 days depending on the offense, and violating it is a separate criminal charge.
Consequences Beyond the Sentence
The jail term and fine are only part of what a conviction costs.
Firearms
Federal law prohibits anyone convicted of a misdemeanor crime of domestic violence from possessing firearms or ammunition.13Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The ban applies even though the underlying Texas conviction is a misdemeanor, and it is a lifetime prohibition. Texas deferred adjudication for a family violence assault may also count as a conviction for federal firearms purposes, which is one of the more dangerous traps in this area of law. A felony conviction of any kind triggers the same federal ban independently.
Immigration
For noncitizens, an assault conviction can be devastating. A felony assault or an offense classified as a crime of domestic violence can make a lawful permanent resident deportable and subject to mandatory detention without a bond hearing. Even a misdemeanor can destroy eligibility for visa renewals, green card applications, or naturalization. Anyone without U.S. citizenship should consult an immigration attorney before entering any plea.
Employment and Licensing
A violent-offense conviction shows up on background checks and can disqualify you from jobs in healthcare, education, law enforcement, and other licensed professions. Licensing boards typically weigh the nature of the offense, how recently it occurred, and evidence of rehabilitation. A family violence finding tends to carry particular weight because of mandatory reporting requirements in caregiving and public safety roles.
Sealing the Record
If you received deferred adjudication for a non-family-violence assault under Section 22.01, you may be eligible for an order of nondisclosure to seal the record from most public access.11Texas Courts. An Overview of Orders of Nondisclosure If the court entered an affirmative finding of family violence, nondisclosure is generally off the table. That single distinction between a family violence finding and its absence drives nearly every collateral consequence above.