Assault in Texas is a felony whenever the conduct causes serious bodily injury, involves a deadly weapon, or targets certain protected victims. So the answer to whether assault is a felony in Texas is: it depends on who was hurt, how badly, and whether a weapon was used. The baseline charge is a misdemeanor, but Texas Penal Code Chapters 22 and 12 list a long set of circumstances that push the same underlying act into felony territory, with punishment ranges running from 2 years in prison all the way to life.
When Assault Stays a Misdemeanor
To see where the felony line sits, start with what stays below it. A basic assault under Texas Penal Code §22.01 covers causing bodily injury, threatening someone with imminent bodily injury, or making physical contact the other person finds offensive or provocative.1State of Texas. Texas Penal Code 22.01 – Assault
A threat or offensive contact with no actual injury is a Class C misdemeanor, punishable by a fine up to $500 and no jail time. Causing actual bodily injury in a situation where none of the felony triggers apply is a Class A misdemeanor, punishable by up to one year in county jail and a fine up to $4,000.2State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor Punishment Most bar fights and minor altercations without a weapon land there. Everything above this is a felony.
What Pushes Assault to a Third-Degree Felony
A plain assault jumps from Class A misdemeanor to third-degree felony as soon as any of several factors is present. The punishment range becomes 2 to 10 years in state prison, plus a possible fine up to $10,000.3State of Texas. Texas Penal Code 12.34 – Third Degree Felony Punishment
The most common path involves domestic violence. If you assault a family member, household member, or dating partner and you have a prior conviction for a similar offense against someone in one of those categories, the new charge is automatically a third-degree felony. No prior is needed where the assault involves strangulation. Choking or restricting the breathing or blood circulation of a family or household member by applying pressure to the throat or neck, or blocking the nose or mouth, is a third-degree felony on its own.1State of Texas. Texas Penal Code 22.01 – Assault
The statute also elevates the charge when the victim is working in certain roles and is assaulted while performing those duties:1State of Texas. Texas Penal Code 22.01 – Assault
- Public servants carrying out official duties
- Emergency services personnel, including firefighters, paramedics, and emergency room staff
- Licensed security officers on duty
- Process servers
- Government contractors working at correctional or juvenile facilities
- Hospital personnel, including nurses, physicians, and physician assistants on hospital property
Two more situations reach the same level. Assaulting a person you know is pregnant is a third-degree felony, and assaulting a pregnant person specifically to force an abortion carries the same classification.1State of Texas. Texas Penal Code 22.01 – Assault
When It’s a Second-Degree Felony
Second-degree assault felonies carry 2 to 20 years in prison and a possible fine up to $10,000.4State of Texas. Texas Penal Code 12.33 – Second Degree Felony Punishment There are two main routes to this level.
The first is a bump under the basic assault statute. Assaulting a peace officer or a judge while they are discharging official duties, or in retaliation for official actions, is a second-degree felony rather than a third-degree one.1State of Texas. Texas Penal Code 22.01 – Assault Pushing an officer during a traffic stop can carry the same punishment range as aggravated assault.
The second route is aggravated assault itself. Under Texas Penal Code §22.02, an assault becomes aggravated when it causes serious bodily injury or involves the use or exhibition of a deadly weapon. Either trigger alone makes the offense a second-degree felony.5State of Texas. Texas Penal Code 22.02 – Aggravated Assault
Serious bodily injury means harm that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of a bodily organ or limb. A broken jaw that heals in six weeks likely does not qualify. A shattered eye socket that permanently affects vision likely does. That line separates a Class A misdemeanor from a 2-to-20-year felony.
The deadly weapon trigger does not require any injury at all. Pointing a gun during a confrontation, swinging a knife, or wielding an everyday object in a way that could kill or cause serious harm all count. Texas defines a deadly weapon as a firearm, anything designed to inflict death or serious bodily injury, or any object used in a way capable of causing death or serious injury.6State of Texas. Texas Penal Code 1.07 – Definitions Courts have found baseball bats, vehicles, and steel-toed boots to qualify under that second prong.
When It’s a First-Degree Felony
First-degree felony assault carries 5 to 99 years in prison or life, plus a possible fine up to $10,000.7State of Texas. Texas Penal Code 12.32 – First Degree Felony Punishment These are the most heavily punished assault offenses in the state.
The most frequently charged first-degree aggravated assault combines domestic violence with weapons and serious injury. If you use a deadly weapon to cause serious bodily injury to a family member, household member, or current or former dating partner, the charge is a first-degree felony.5State of Texas. Texas Penal Code 22.02 – Aggravated Assault Both elements must be present. Using a weapon without serious injury, or causing serious injury without a weapon, keeps the domestic-violence aggravated assault at the second-degree level.
An aggravated assault that causes a traumatic brain or spinal injury resulting in a persistent vegetative state or irreversible paralysis is also a first-degree felony.5State of Texas. Texas Penal Code 22.02 – Aggravated Assault
Several victim-based and conduct-based enhancements also trigger first-degree treatment:
- Aggravated assault by a public servant acting under color of office, or against a public servant discharging duties
- Aggravated assault in retaliation for reporting a crime or serving as a witness or informant
- Aggravated assault against a process server or security officer performing duties
- Firing a gun from a vehicle at or toward an occupied building, home, or vehicle
- Any aggravated assault committed as part of a mass shooting
Collateral Consequences of a Felony Assault Conviction
The sentence and fine are only part of what a felony assault conviction brings. Several other consequences last well beyond release.
Firearm Restrictions
Under federal law, anyone convicted of a crime punishable by more than one year in prison is permanently prohibited from possessing a firearm or ammunition. Every felony assault conviction in Texas meets that threshold.8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts A separate federal ban attaches to misdemeanor domestic violence assault convictions.
Child Custody
Texas family courts must consider any history of family violence in custody and visitation decisions. A felony assault conviction involving a family member can lead to restricted visitation, supervised access, or loss of primary custody.
Immigration
For noncitizens, an assault conviction can trigger deportation or make a person permanently inadmissible to the United States. Felony assault convictions frequently qualify as crimes involving moral turpitude or as aggravated felonies under immigration law, and even a misdemeanor domestic violence conviction is an independent deportation ground. Anyone who is not a U.S. citizen should consult an immigration attorney before accepting a plea.
Employment and Professional Licensing
Felony convictions routinely disqualify applicants from licenses in healthcare, education, law enforcement, and finance. Even a deferred adjudication may appear in certain background checks. Texas law does not prevent private employers from considering a felony assault conviction when making hiring decisions.
Can a Felony Assault Charge Be Reduced or Sealed?
Texas courts can offer deferred adjudication for assault charges, including felony assault. The judge delays entering a guilty finding while the defendant completes probation, which may include community service, counseling, or restitution. If every condition is met, the charge is dismissed without a formal conviction.9State of Texas. Texas Code of Criminal Procedure Art 42A.102 – Eligibility for Deferred Adjudication Community Supervision Fail any condition and the court can revoke the deferral and impose the full original sentence.
After successful completion, a person can petition for an order of nondisclosure, which seals the record from most public background checks. The waiting period is two years after discharge for misdemeanor assault offenses under the Penal Code’s assault chapter and five years for felony offenses.10State of Texas. Texas Government Code 411.0725 – Procedure for Deferred Adjudication Community Supervision – Certain Defendants Nondisclosure is not expunction. Sealed records still exist, and law enforcement, certain government agencies, and some licensing boards can still see them. Full expunction, which erases the record, is generally available only when a case ends in acquittal, dismissal without deferred adjudication, or a similar outcome with no final conviction.
How Long Prosecutors Have to File
The statute of limitations for felony assault charges in Texas, including family-violence assault and aggravated assault, is five years from the date of the offense. Misdemeanor assault carries a two-year limit. These deadlines apply to when the case is filed, not when an arrest occurs, so charges can appear years after an incident as long as the filing lands inside the window.