In Texas, assault causing bodily injury 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. If the person hurt was a family member, a dating partner, a peace officer, or a judge, or if the allegation involves strangulation or a prior family violence conviction, the same conduct becomes a third- or second-degree felony carrying 2 to 20 years in prison. A conviction also brings consequences the courtroom sentence doesn’t mention: a federal firearms ban in family violence cases, immigration exposure for noncitizens, and a record that often cannot be sealed.
What the State Has to Prove
Under Texas Penal Code Section 22.01, a prosecutor pursuing assault causing bodily injury has to 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
“Bodily injury” is defined much more broadly than most people assume. 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 the injury element.
The mental state has three qualifying levels. Intentional means you meant to cause the injury. Knowing means you were aware your conduct was reasonably certain to cause injury. Reckless means you were aware of a substantial risk and disregarded it anyway. Any of the three is enough.
Class A Misdemeanor Penalties
An assault causing bodily injury with no aggravating facts is a Class A misdemeanor, the most serious misdemeanor classification in Texas. A conviction can mean 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
Many first-time defendants end up on community supervision rather than behind bars. Typical conditions include regular reporting to a supervision officer, community service, anger management classes, and random drug testing. Violating any condition can send you back to serve the balance of the sentence in jail.
When the Charge Becomes a Third-Degree Felony
Several factors push assault causing bodily injury into third-degree felony territory, meaning 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 usual triggers involve either the victim’s identity or your criminal history.
- A prior family violence conviction. If you assault a family member, household member, or dating partner and already have a conviction for a similar offense against anyone in those categories, the new charge is a third-degree felony.1State of Texas. Texas Penal Code 22.01 – Assault
- Strangulation. Choking, applying pressure to the throat or neck, or blocking the nose or mouth of a family member, household member, or dating partner is a third-degree felony on its own, no prior conviction required.
- Public servants. Assaulting someone you know is a public servant performing official duties, including police officers, judges, firefighters, and paramedics, is a third-degree felony. The same enhancement reaches licensed security officers and emergency medical personnel providing emergency care.
When the Charge Becomes a Second-Degree Felony
Two scenarios take assault causing bodily injury all the way to a second-degree felony, punishable by 2 to 20 years in state prison and a fine of up to $10,000.5State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment
The first is assaulting a person you know is a peace officer or judge performing official duties.6Texas Legislature. Texas Penal Code Chapter 22 – Assaultive Offenses Assaults on most public servants land at the third-degree level; peace officers and judges get an added layer of protection that bumps the offense up one more step.
The second is strangulation of a family member, household member, or dating partner when you also have a prior family violence conviction. All three pieces must be present: the covered relationship, the prior conviction, and the strangulation conduct. Take any one away and the charge falls to a lower category.
Aggravated Assault Is a Separate Charge
Assault causing bodily injury is not the same offense as aggravated assault, and the line between them matters. If an assault results in serious bodily injury or involves a deadly weapon, it is prosecuted under Texas Penal Code Section 22.02 as aggravated assault, which starts at the second-degree felony level.7State of Texas. Texas Penal Code 22.02 – Aggravated Assault
“Serious bodily injury” has its own statutory meaning: an injury that creates a substantial risk of death, causes death, causes serious permanent disfigurement, or causes lasting loss or impairment of a body part or organ.2State of Texas. Texas Penal Code 1.07 – Definitions A fracture requiring surgery, a stab wound reaching an organ, or lasting disfigurement can qualify. Scrapes, temporary pain, and injuries that heal without lasting impairment generally do not.
Self-Defense
Self-defense is the most common justification raised against an assault charge. 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, and the same justification extends to defending a third person.8State of Texas. Texas Penal Code 9.31 – Self-Defense
Texas is a stand-your-ground state. If you have a right to be where you are and you are not engaged in criminal activity, you have no duty to retreat before using force.9State of Texas. Texas Penal Code 9.32 – Deadly Force in Defense of Person But the justification disappears in several situations:
- Verbal provocation alone. Insults, yelling, and threats do not justify physical force.
- You started the confrontation, unless you clearly tried to withdraw and the other person kept attacking.
- You consented to the fight.
- You used force to resist a lawful arrest by a peace officer, unless the officer used excessive force first.
Your response also has to be proportional. Deadly force is only justified when you reasonably believe it is immediately necessary to stop another person’s unlawful deadly force or to prevent the imminent commission of a violent felony such as murder, robbery, or sexual assault.
Deferred Adjudication and the Family Violence Trap
A judge handling an assault causing bodily injury case can place a defendant on deferred adjudication community supervision rather than entering a conviction. You plead guilty or no contest, the judge delays a finding of guilt, and if you complete the supervision period and its conditions, the case is dismissed with no conviction entered.10State of Texas. Texas Code of Criminal Procedure Art. 42A.102 – Eligibility for Deferred Adjudication Community Supervision Section 22.01 assault is not on the excluded list, so deferred is available in both misdemeanor and felony cases.
Deferred is not erasure, though. The arrest and the deferred adjudication still appear on background checks unless you obtain an order of nondisclosure. And where family violence is involved, there is a trap: if the court made an affirmative finding of family violence, you are generally ineligible for nondisclosure.11Texas Courts. An Overview of Orders of Nondisclosure The deferred may spare you a formal conviction, yet the record stays visible to employers, landlords, and licensing boards. Deferred adjudication for family violence assault may also count as a “conviction” for federal firearms purposes, which is one of the most dangerous surprises in this area of law.
Emergency Protective Orders After a Family Violence Arrest
If you are arrested on an assault involving family violence, a magistrate can issue an emergency protective order at your arraignment, before any trial. The alleged victim does not need to apply. These orders usually run between 61 and 121 days depending on the offense.12Texas State Law Library. Protective Orders Standard conditions include staying away from the alleged victim’s home, workplace, and school, and avoiding any direct or indirect contact. Violating the order is a separate criminal offense.
Consequences Beyond the Sentence
The jail time and fines 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 Even though the offense is a misdemeanor under Texas law, a family violence conviction triggers a lifetime federal gun ban. A felony conviction of any kind triggers the same ban independently.
Immigration
For noncitizens, an assault conviction can be severe. 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 with no bond hearing. A misdemeanor can still derail visa renewals, green card applications, and naturalization. Anyone without U.S. citizenship should talk to an immigration attorney before entering any plea.
Employment and Licensing
A violent offense on your record shows up on background checks and can disqualify you from work in healthcare, education, law enforcement, and other licensed fields. Licensing boards weigh the nature of the offense, how recent it was, and evidence of rehabilitation. A family violence finding tends to carry extra weight in caregiving and public safety roles.
Sealing the Record
If you completed deferred adjudication for a non-family-violence assault under Section 22.01, you may be able to petition for an order of nondisclosure that seals the record from most public access.11Texas Courts. An Overview of Orders of Nondisclosure If the court made an affirmative finding of family violence, nondisclosure is generally off the table. That single distinction, family violence versus non-family-violence, shapes almost every long-term consequence of an assault case in Texas.