Texas § 22.01 — Assault

What the Statute Says

Texas Penal Code § 22.01(a) provides that a person commits an offense if they:

• (1) intentionally, knowingly, or recklessly cause bodily injury to another, including their spouse
• (2) intentionally or knowingly threaten another with imminent bodily injury, including their spouse
• (3) intentionally or knowingly cause physical contact with another when the person knows or should reasonably believe the other will regard the contact as offensive or provocative

Grades by Subsection

• § 22.01(a)(1) — bodily injury: Class A misdemeanor (up to 1 year jail, $4,000 fine)
• § 22.01(a)(2)-(3) — threat/contact: Class C misdemeanor (fine only up to $500)
• § 22.01(b)(1) — assault on public servant: Third-degree felony
• § 22.01(b)(2) — enhanced family violence: Third-degree felony with prior FV conviction
• § 22.01(b-2) — strangulation of family member: Third-degree felony

Family Violence Affirmative Finding

Under Texas Code of Criminal Procedure art. 42.013, when the court determines an assault involved family violence (as defined in Texas Family Code § 71.004), it must enter an affirmative finding in the judgment. This finding triggers:

• Lifetime federal firearms ban (18 U.S.C. § 922(g)(9))
• 5-year Texas firearms prohibition (§ 46.04(b))
• Immigration consequences
• Permanent record — ineligible for sealing even on deferred adjudication
• Enhancement of future assaults to felony under § 22.01(b)(2)

Defenses

• Self-defense under §§ 9.31, 9.32
• Defense of third persons (§ 9.33)
• Consent to contact (mutual combat, § 22.06)
• Lack of intent / reckless element challenges
• Identity or credibility challenges
• Medical records inconsistent with alleged injury

This analysis is general information, not legal advice. Texas criminal law is complex and fact-specific — consult a licensed Texas attorney about your specific situation.