Assault
Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.
To prove this offense, the State must establish each of the following elements: Intentionally, knowingly, or recklessly; Causes bodily injury to another (including spouse); Class A misdemeanor (default).
The base classification is Class A misdemeanor (default; bodily injury), with possible enhancements depending on the conduct, victim, location, or prior history of the actor.
Elements you must prove
- Intentionally, knowingly, or recklessly
- Causes bodily injury to another (including spouse)
- Class A misdemeanor (default)
Assault includes (1) intentionally/knowingly/recklessly causing bodily injury, (2) intentionally/knowingly threatening another with imminent bodily injury, or (3) intentionally/knowingly causing physical contact known/reasonably believed to be regarded as offensive or provocative. Family-violence and public-servant enhancements apply.
| If this condition applies… | Charge escalates to | Statute |
|---|---|---|
| Against public servant lawfully discharging duty | 3rd degree felony | §22.01(b)(1) |
| Family violence + prior §22.01 / §25.07 / §25.072 conviction | 3rd degree felony | §22.01(b)(2)(A) |
| Family violence by impeding breath/circulation (strangulation) | 3rd degree felony | §22.01(b)(2)(B) |
| Strangulation + prior §22.01 FV-type | 2nd degree felony | §22.01(b-3) |
| Threat or contact against elderly/disabled | Class A misdemeanor | §22.01(c) |
Practice 6 questions on this topic
Time yourself, score your run, review missed questions with statute references — Free Practice Pass cadets get limited access.
Worked examples
Simple Assault by causing bodily injury to another (§22.01(a)(1)) is generally what level of offense?
- Class C misdemeanor
- Class B misdemeanor
- Class A misdemeanor Correct
- State jail felony
Assault by threat or by offensive contact (§22.01(a)(2)–(a)(3)) is generally what level of offense?
- Class C misdemeanor
- Class B misdemeanor
- Class A misdemeanor
- Both Class C unless against public servant/elderly/disabled Correct
Assault Causes Bodily Injury — Family Violence (§22.01(b)(2)(A)) is enhanced to a 3rd degree felony if:
- The victim sought medical care
- The defendant has a prior conviction for any §22.01 family-violence assault, §25.07 (violation of protective order), or §25.072 (continuous violence against the family) Correct
- The offense occurred at night
- The defendant was intoxicated