Assault causing bodily injury in Texas is a Class A misdemeanor under Penal Code Section 22.01, punishable by up to one year in county jail and a fine of up to $4,000. The charge requires only that the other person felt physical pain, not that they were visibly hurt. Depending on who the victim was and whether you have a prior family violence conviction, the same conduct can be charged as a third-degree or second-degree felony with years of prison time attached.
What Counts as Bodily Injury
Texas defines bodily injury as physical pain, illness, or any impairment of physical condition.1State of Texas. Texas Penal Code PENAL 1.07 – Definitions The threshold is low. There is no requirement of stitches, bruises, broken bones, or any medical documentation. Testimony that the complainant felt pain during the encounter is regularly enough to satisfy this element at trial.
A shove that causes shoulder pain, a grab that leaves no mark, or a slap can all qualify. Most cases at this level turn on credibility about whether the contact caused discomfort, not on dramatic physical evidence.
Where Serious Bodily Injury Takes Over
If the injury creates a substantial risk of death, causes permanent disfigurement, or produces long-term loss of function in a body part or organ, it is serious bodily injury, and the case is no longer prosecuted under Section 22.01.1State of Texas. Texas Penal Code PENAL 1.07 – Definitions It becomes aggravated assault under Section 22.02, a second-degree felony at minimum.2State of Texas. Texas Penal Code Section 22.02 – Aggravated Assault Using or displaying a deadly weapon during the assault pushes the case into aggravated territory as well, regardless of the injury level.
The Mental State the State Must Prove
A conviction requires that you acted intentionally, knowingly, or recklessly.3State of Texas. Texas Penal Code Section 22.01 – Assault Intentionally means causing the injury was your conscious goal. Knowingly means you were aware your conduct was reasonably certain to cause the result. Recklessly means you were aware of a substantial risk of injury and disregarded it.
Recklessness catches people off guard. You don’t have to mean to hurt anyone. If you threw an object across a room during an argument and it hit someone, a prosecutor can argue you knew that creates a substantial risk and ignored it. On the other side, arguing that the contact was genuinely accidental, with no awareness of any risk, undercuts the element entirely.
Penalties for a Class A Misdemeanor
Without any aggravating factor, the charge is a Class A misdemeanor, the most serious misdemeanor classification in Texas.3State of Texas. Texas Penal Code Section 22.01 – Assault The maximum is up to one year in county jail, a fine of up to $4,000, or both.4State of Texas. Texas Penal Code Section 12.21 – Class A Misdemeanor
First-time offenders often receive community supervision instead of jail. Standard probation conditions include anger management classes, community service, regular reporting to a probation officer, and sometimes restitution to the victim. Violating any condition can revoke probation and trigger the original jail sentence, so the terms carry weight even when they look mild on paper.
When the Charge Becomes a Felony
Several circumstances push assault causing bodily injury out of misdemeanor court and into felony court.
Third-Degree Felony
The charge rises to a third-degree felony when the person you assaulted was in a protected role and you knew it at the time:
- A public servant, including a teacher, who was performing official duties or targeted in retaliation for performing them
- Emergency services personnel actively providing services
- A security officer performing their duties
Two family-violence situations also elevate the charge to a third-degree felony: when you have a prior conviction for a family violence offense against a family member, household member, or dating partner; or when the current assault involves choking or blocking the victim’s ability to breathe, regardless of prior history.3State of Texas. Texas Penal Code Section 22.01 – Assault
A third-degree felony carries two to ten years in the Texas Department of Criminal Justice and a fine of up to $10,000.5State of Texas. Texas Penal Code Section 12.34 – Third Degree Felony Punishment
Second-Degree Felony
Two scenarios push the charge all the way to a second-degree felony. The first is assaulting a peace officer or judge who was performing official duties or targeted in retaliation for performing them.3State of Texas. Texas Penal Code Section 22.01 – Assault
The second requires three overlapping factors: the victim is a family member, household member, or dating partner; you have a prior family violence conviction; and the current offense involved choking or blocking breathing.3State of Texas. Texas Penal Code Section 22.01 – Assault A second-degree felony carries two to twenty years in prison and a fine of up to $10,000.6State of Texas. Texas Penal Code Section 12.33 – Second Degree Felony Punishment
Family Violence Findings and What They Do to Your Record
When the court determines the victim was a family member, household member, or someone in a current or former dating relationship, the judge can attach an affirmative finding of family violence to the case.7State of Texas. Texas Family Code Section 71.004 – Family Violence That finding brings consequences that follow a person indefinitely.
Federal Firearms Ban
Under 18 U.S.C. Section 922(g)(9), anyone convicted of a misdemeanor crime of domestic violence is banned from possessing firearms or ammunition.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts The federal prohibition applies even though the underlying Texas charge is only a misdemeanor, and the ban is effectively permanent for offenses involving spouses, cohabitants, and family members.9Bureau of Alcohol, Tobacco, Firearms, and Explosives. Misdemeanor Crimes of Domestic Violence Prohibitions
Automatic Enhancement for Any Future Offense
A family violence finding works as a permanent escalator. If you are later charged with another assault causing bodily injury against a family member, household member, or dating partner, the new charge is automatically a third-degree felony.3State of Texas. Texas Penal Code Section 22.01 – Assault If the new offense also involves choking, it becomes a second-degree felony. The prior finding does not expire, and there is no mechanism to reset the clock.
The Record Cannot Be Sealed
Texas law bars orders of nondisclosure for any offense involving family violence. Under Government Code Section 411.074, a person cannot petition to seal the record if the court made an affirmative finding of family violence, and a person who has ever been convicted of or placed on deferred adjudication for a family violence offense is ineligible for nondisclosure on that offense.10State of Texas. Texas Government Code GOV’T 411.074 Even defendants who successfully complete deferred adjudication, avoiding a final conviction, still cannot seal the record. The arrest and case stay visible on background checks indefinitely.
Self-Defense
Penal Code Section 9.31 allows the use of force when you reasonably believe it is immediately necessary to protect yourself against someone else’s unlawful force. Texas does not impose a duty to retreat. If you have a right to be where you are, you are not required to back away before defending yourself.11State of Texas. Texas Penal Code Section 9.31 – Self-Defense
Self-defense has limits that trip people up. Force is not justified in response to words alone, no matter how provocative. You cannot claim self-defense if you provoked the confrontation, unless you clearly tried to disengage and the other person kept coming. And you cannot use force to resist an arrest by a peace officer, even if you believe the arrest is unlawful.11State of Texas. Texas Penal Code Section 9.31 – Self-Defense The force you use must also match the threat. A punch at someone who shoved you may be reasonable; hitting them with a bat probably is not.
Texas law presumes the use of force was reasonable in certain situations: when someone is unlawfully forcing their way into your home, vehicle, or workplace, or when someone is committing a violent felony against you. In those scenarios, the defendant gets the benefit of the doubt rather than having to build reasonableness from scratch.
Immigration Exposure for Non-Citizens
For non-citizens, an assault conviction involving family violence is a separate legal problem. Under 8 U.S.C. Section 1227(a)(2)(E), any non-citizen convicted after admission of a crime of domestic violence is deportable.12Office of the Law Revision Counsel. 8 USC 1227 – Deportable Aliens Federal law defines a crime of domestic violence broadly: any crime of violence against a spouse, former spouse, cohabitant, co-parent, or a person protected under domestic violence laws.
The Texas-level label matters less than most people assume. Immigration authorities look at the conduct and the relationship, not whether the state called it a misdemeanor or a felony. A Class A misdemeanor assault with a family violence finding can trigger removal proceedings as effectively as a felony. A plea deal that looks favorable in criminal court can be catastrophic in immigration court, so non-citizens need immigration-specific advice alongside criminal defense.
How Long the State Has to File Charges
For misdemeanor assault causing bodily injury, the standard limitations period is two years from the date of the offense. For felony-level assault that doesn’t involve family violence, the state has three years. When the assault involves family violence and is prosecuted as a felony, the state has five years to bring charges.13State of Texas. Texas Code of Criminal Procedure CRIM P Art 12.01 – Felonies
These deadlines run from the date of the offense, not the date it was reported or discovered. If the limitations period expires before charges are filed, the prosecution is barred. Time spent outside Texas may not count toward the deadline in some circumstances, so the clock does not always run as cleanly as defendants hope.