Assault on a Minor in Texas: Charges, Enhancements, and Sentencing

Assault on a minor in Texas can be charged anywhere from a Class C misdemeanor fine to a first-degree felony carrying 5 to 99 years or life in prison. Which charge applies depends on the child’s age, how badly the child was hurt, whether a weapon was involved, and the accused person’s relationship to the child. For victims 14 and younger, a dedicated statute removes the misdemeanor option entirely: every violation is at least a state jail felony.

How the Charge Is Decided

Four facts drive almost every assault-on-a-minor case in Texas:

  • The child’s age. Victims 14 and under fall under Penal Code Section 22.04, the injury-to-a-child statute, which is felony-only. Victims 15 to 17 are charged under the general assault statute, Section 22.01.1State of Texas. Texas Code Penal 22.04 – Injury to a Child, Elderly Individual, or Disabled Individual2State of Texas. Texas Code Penal 22.01 – Assault
  • The injury level. Texas distinguishes “bodily injury” (any physical pain, illness, or impairment) from “serious bodily injury” (substantial risk of death, permanent disfigurement, or long-term loss of function). The jump between the two usually drives the jump between felony tiers.3State of Texas. Texas Code Penal 1.07 – Definitions
  • The mental state. Intentional or knowing conduct carries worse penalties than reckless conduct, and reckless conduct carries worse penalties than criminal negligence. Under Section 22.04, even criminal negligence is a felony.
  • Weapons and relationships. A deadly weapon or a family or household member victim can push the charge up by one or more tiers.

Injury to a Child: Victims 14 and Under

This is the statute prosecutors reach for first when the victim is a young child. Section 22.04 covers both affirmative acts and omissions, so a parent or caretaker who fails to protect a child they had a duty to protect can be charged the same as the person who inflicted the injury.1State of Texas. Texas Code Penal 22.04 – Injury to a Child, Elderly Individual, or Disabled Individual Every tier is a felony and carries a potential fine of up to $10,000 on top of the prison term.

Two features of this statute catch people off guard. You do not need to intend harm, and you do not need to have struck the child yourself. A caretaker’s failure to act, combined with criminal negligence, still produces a felony on your record.

When the General Assault Statute Applies

For victims 15 to 17, and for conduct that falls short of injury, the general assault statute controls. Section 22.01 covers three types of conduct: intentionally or recklessly causing bodily injury, threatening someone with imminent bodily injury, and making physical contact the other person would find offensive.2State of Texas. Texas Code Penal 22.01 – Assault

At baseline, causing bodily injury to a minor in this age range is a Class A misdemeanor: up to one year in county jail and a fine of up to $4,000.8State of Texas. Texas Code Penal 12.21 – Class A Misdemeanor A threat without actual injury is a Class B misdemeanor, up to 180 days and a $2,000 fine. Offensive contact alone is a Class C misdemeanor, punishable only by a fine of up to $500.9State of Texas. Texas Code Penal 12.23 – Class C Misdemeanor Those misdemeanor baselines rarely stay misdemeanors in household cases, though, because the enhancements described below apply constantly.

Aggravated Assault and Deadly Weapons

An assault becomes aggravated assault when the accused either causes serious bodily injury or uses or exhibits a deadly weapon during the offense.10City of Houston. Family Violence Unit – Texas Law The default is a second-degree felony: 2 to 20 years and a fine of up to $10,000.

The charge rises to a first-degree felony when the accused both uses a deadly weapon and causes serious bodily injury to a family member, household member, or someone in a dating relationship. When the victim is the accused person’s own child, that family relationship is automatic, which means a weapon plus serious injury to a child in the home can produce a first-degree felony and a sentence of 5 to 99 years or life.4State of Texas. Texas Code Penal 12.32 – First Degree Felony Punishment

Family Violence and Strangulation Enhancements

A child living in the accused person’s household qualifies as a family or household member under Texas law, so the family-violence enhancements apply in a large share of cases involving minors.

A prior family-violence conviction turns a new Class A misdemeanor assault against a household member into a third-degree felony: 2 to 10 years in prison instead of up to one year in county jail.2State of Texas. Texas Code Penal 22.01 – Assault

Strangulation triggers the enhancement without any prior conviction. Assault by restricting breathing or blood circulation (pressing on the throat or blocking the nose or mouth) is a third-degree felony when the victim is a household member. If the person also has a prior family-violence conviction, the strangulation charge becomes a second-degree felony.

Continuous Violence Against the Family

Repeated assaults open up a separate charge. Under Section 25.11, two or more assaults against a family or household member within a 12-month period can be charged as continuous violence against the family, a third-degree felony carrying 2 to 10 years.11State of Texas. Texas Code Penal 25.11 – Continuous Violence Against the Family Prosecutors use this charge frequently in households where a child has been hurt more than once.

Felony Sentencing Ranges in Texas

Each felony tier carries a mandatory prison range plus an optional fine of up to $10,000:

State jail time is served day-for-day with no parole eligibility. The higher tiers allow parole eligibility and good-time credits, but a first-degree conviction for intentionally injuring a child still means years in prison in practice.

What Else Follows a Criminal Charge

A criminal arrest for hurting a child almost always triggers a parallel investigation by the Texas Department of Family and Protective Services. Texas law defines child abuse to include physical injury causing substantial harm and the genuine threat of such harm, and the CPS case runs on its own track regardless of whether the criminal case ends in conviction.12State of Texas. Texas Code Family 261.001 – Definitions

A felony conviction for assaulting a child can support termination of parental rights, since the conviction is powerful evidence that reunification would be unsafe. Beyond family court, a felony conviction creates lasting barriers to employment and housing, and it strips firearm rights. Texas prohibits a convicted felon from possessing a firearm for five years after completing the sentence; federal law imposes a lifetime ban for most felony convictions.