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Assault vs. aggravated assault in Texas
In short: Assault causing bodily injury is usually a Class A misdemeanor (Penal Code 22.01). It becomes aggravated assault, usually a second-degree felony punishable by 2 to 20 years, when the person causes serious bodily injury or uses or exhibits a deadly weapon (Penal Code 22.02). Some aggravated assaults are first-degree felonies.
What is the difference?
| Offense | Key element | Usual level |
|---|---|---|
| Assault by threat or offensive contact | Threat of imminent bodily injury, or provocative or offensive contact | Class C misdemeanor (fine only) |
| Assault causing bodily injury | Physical pain, illness or impairment | Class A misdemeanor (up to 1 year, $4,000) |
| Aggravated assault | Serious bodily injury, or use or exhibition of a deadly weapon | Second-degree felony (2 to 20 years, up to $10,000) |
| Aggravated assault in listed situations | For example, a deadly weapon used against a family or dating partner causing serious bodily injury, or against a public servant | First-degree felony (5 to 99 years or life, up to $10,000) |
What counts as "serious bodily injury"?
Under Penal Code 1.07, serious bodily injury means injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily function or organ. Medical records are usually central to whether that standard is met.
What counts as a "deadly weapon"?
A firearm, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (Penal Code 1.07). Depending on how it was used, an everyday object such as a vehicle or a bottle can qualify.
Why does a deadly weapon finding matter?
A deadly weapon finding limits judge-ordered probation and requires a person sentenced to prison to serve half of the sentence (up to 30 years) before parole eligibility, with a two-year minimum (Code of Criminal Procedure 42A.054; Government Code 508.145).
What defenses are common?
- Self-defense or defense of others (Penal Code 9.31, 9.32, 9.33)
- Challenging whether the injury was "serious" or the object was a "deadly weapon"
- Identity, credibility and inconsistent statements
- Lack of the required intent, knowledge or recklessness
What counts as a deadly weapon?
Under Penal Code 1.07(a)(17), a deadly weapon is a firearm or anything designed to cause death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. A vehicle, a bottle or even a shod foot can qualify depending on how it was used.
What is serious bodily injury?
Penal Code 1.07(a)(46) defines it as injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. Medical records are often central to whether an injury meets this definition.
When is aggravated assault a first-degree felony?
Penal Code 22.02(b) raises aggravated assault to the first degree in certain cases, including when a deadly weapon is used in a family violence assault that causes serious bodily injury, and when the offense is committed against a public servant on duty or in retaliation.
Why does a deadly weapon finding matter?
A deadly weapon finding affects parole eligibility and limits judge-ordered community supervision under article 42A.054. It can make a large difference in the real length of a sentence.
How is self-defense raised?
Penal Code 9.31 and 9.32 set out when force and deadly force are justified. Once there is some evidence of self-defense, the State must disprove it beyond a reasonable doubt at trial.
Where are these cases heard in Dallas County?
People arrested in Dallas County are usually booked at the Lew Sterrett Justice Center, where a magistrate sets bond within 48 hours. Misdemeanors are heard in the Dallas County Criminal Courts and felonies in the Criminal District Courts, both at the Frank Crowley Courts Building, 133 N. Riverfront Blvd. The Dallas County District Attorney's Office prosecutes both.
What should I bring to a consultation?
- Bond paperwork, citations and any order you were given
- Court dates and case numbers, if you have them
- A written timeline of what happened
- Names of witnesses
- Any documents, messages or photos that relate to the case
Where are these cases heard outside Dallas?
Felony cases are heard in the district courts of the county where the offense is alleged to have happened. We handle cases from our only office, in downtown Dallas, in 12 North Texas counties. Each county page lists the courthouse, the prosecutor's office and the jail: Dallas, Tarrant, Collin, Denton, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Hunt, Navarro.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013 or start a chat. Phones and chat are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Is aggravated assault a felony in Texas?
Yes. It is usually a second-degree felony and in some situations a first-degree felony (Penal Code 22.02).
Can aggravated assault be reduced to assault?
Sometimes, depending on the evidence of injury and weapon use. Every case is different.
Can a car be a deadly weapon in Texas?
Yes, depending on how it was used. Penal Code 1.07(a)(17) includes anything capable of causing death or serious bodily injury in the manner of its use.
Do not wait for your court date to get help. Call (214) 239-2013.
Phones and chat are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.