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Aggravated Assault by Threat Without Injury in Texas
Can Texas prosecute aggravated assault without an injury? Learn the requirements for threats and use or exhibition of a deadly weapon.
In short: Yes. A qualifying intentional or knowing threat of imminent bodily injury, combined with use or exhibition of a deadly weapon during the assault, can support aggravated assault. The absence of a wound does not eliminate a threat-based charge, but the State must prove the actual elements.
Explore this page 9 sections
Does merely possessing a weapon prove the charge?
No. The prosecution must connect the weapon allegation to the assault. The manner of display, conduct and surrounding circumstances matter; lawful possession alone does not establish an unlawful threat.
Why does imminence matter?
Section 22.01(a)(2) addresses threatened imminent bodily injury. Counsel should examine the words, actions and circumstances instead of assuming that every angry statement meets that requirement.
What should a recording review include?
Review events before and after the alleged threat, audio clarity and what each participant could see or hear. A cropped clip may omit relevant context. Preserve the original and identify missing portions rather than editing a version intended to prove a preferred interpretation.
A practical example and questions for counsel
Hypothetical example: Suppose a video shows a weapon but does not capture the words spoken. The review must address both what the video proves and what additional evidence supplies the alleged threat of imminent injury. Silence on a recording can reflect missing audio rather than absence of a threat; a witness account can also be disputed. Counsel should compare the earliest statements, the full sequence and the circumstances of perception. Do not infer the entire offense from one still image or dismiss it solely because no one was physically hurt.
How this fits Texas law
Section 22.02 requires an assault plus serious bodily injury or use or exhibition of a deadly weapon. The underlying assault may involve injury or a qualifying threat. Aggravated assault is generally second degree, with listed first-degree circumstances. The weapon definition, actual manner of use and any claimed justification require separate analysis.
How do I get started?
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Last updated October 2026
Common questions
Does merely possessing a weapon prove the charge?
No.
Why does imminence matter?
Section 22.01(a)(2) addresses threatened imminent bodily injury.
What should a recording review include?
Review events before and after the alleged threat, audio clarity and what each participant could see or hear.
Protecting Good People During Hard Times
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This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.