Assault is a criminal offense in Texas, and it can be classified as either a misdemeanor or a felony, depending on the circumstances surrounding the incident.
Here’s a breakdown of how assault and felony assault are defined in Texas.
Under Texas Penal Code Section 22.01, an individual commits an assault if they:
- Intentionally, knowingly, or recklessly cause bodily injury to another person.
- Intentionally or knowingly threaten another person with imminent bodily injury.
- Intentionally or knowingly cause physical contact with another person when the offender knows or should reasonably believe that the other person will regard the contact as offensive or provocative.
Felony assault, also known as aggravated assault, occurs when the severity or circumstances of an assaultive offense elevate it from a misdemeanor to a felony. Texas Penal Code Section 22.02 defines aggravated assault as an assault that involves one or both of the following conditions:
- The offender causes serious bodily injury to another person, including their spouse, intentionally, knowingly, or recklessly. The injury must be severe enough to create a substantial risk of death, permanent disfigurement, or long-term loss or impairment of a body part or organ.
- The offender uses or exhibits a deadly weapon during the commission of the assault. A deadly weapon can be any object, including a firearm or a knife, that can cause serious bodily injury or death.
Aggravated assault in Texas is typically classified as a second-degree felony, punishable by two to 20 years in prison and a fine of up to $10,000. However, certain circumstances, such as committing the assault against a public servant or in retaliation for a witness’s testimony, can elevate the offense to a first-degree felony. A first-degree felony carries a penalty of five to 99 years (or life) in prison and a fine of up to $10,000.
These definitions and penalties are subject to change, and consulting with an attorney for up-to-date legal advice is always recommended.
What’s the Difference Between Felony Assault and Aggravated Assault in Texas?
In Texas, the terms “felony assault” and “aggravated assault” are often used interchangeably to describe an assault that has been elevated to a felony due to the severity or circumstances surrounding the incident.
Here’s a clarification of the terms and how they relate to family violence and impeding breathing:
Felony Assault and Aggravated Assault in Texas
As mentioned earlier, an assault becomes a felony, or “aggravated assault,” when it meets one or both of the following conditions under Texas Penal Code Section 22.02:
- The offender causes serious bodily injury to another person, including their spouse, intentionally, knowingly, or recklessly. The injury must be severe enough to create a substantial risk of death, permanent disfigurement, or long-term loss or impairment of a body part or organ.
- The offender uses or exhibits a deadly weapon during the commission of the assault.
Assault Against a Family Member
When the victim is a family member, it is considered a form of family violence. Under Texas law, family violence includes any act committed by a family member, household member, or someone in a dating relationship that is intended to cause physical harm, bodily injury, assault, or sexual assault, or that is a threat that reasonably places the victim in fear of imminent physical harm, bodily injury, assault, or sexual assault.
If the victim is a family member, an aggravated assault can lead to even more severe consequences, including enhanced penalties, protective orders, and restrictions on contact with the victim.
Assault Against a Family Member Involving Impeded Breathing
If an assault against a family member involves the defendant intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the victim by applying pressure to their throat or neck or by blocking their nose or mouth, it is considered a distinct offense under Texas Penal Code Section 22.01(b)(2)(B). When an assault is against a family member and the defendant impeded their breathing, it is classified as a third-degree felony, punishable by two to ten years in prison and a fine of up to $10,000.
What’s the Punishment for Felony Assault in Texas?
The punishment for felony assault in Texas depends on the degree of the felony. Felony assault is typically classified as a second-degree felony, but under certain circumstances, it can be elevated to a first-degree felony.
A second-degree felony aggravated assault in Texas is punishable by:
- Imprisonment in the Texas Department of Criminal Justice for a term of two to 20 years, and
- A fine of up to $10,000.
An aggravated assault can be elevated to a first-degree felony under specific circumstances, such as when the assault is committed against a public servant, a security officer, a witness or informant, or in retaliation for a witness’s testimony.
A first-degree felony assault is punishable by:
- Imprisonment in the Texas Department of Criminal Justice for a term of five to 99 years (or life), and
- A fine of up to $10,000.
The specific punishment for a felony assault conviction will depend on the severity of the crime, the defendant’s criminal history, and any mitigating or aggravating factors presented during the trial. A judge or jury will ultimately determine the appropriate punishment within the range specified by law for the degree of the felony.
When determining the appropriate punishment for a felony assault conviction, the judge or jury will consider several factors. One of the most important factors is the severity of the harm caused to the victim. If the victim suffered serious bodily injury or if the assault was committed with a deadly weapon, the punishment is likely to be more severe. Additionally, the defendant’s criminal history may be taken into account when determining the appropriate punishment.
Mitigating factors, such as a lack of prior criminal history, genuine remorse, or cooperation with law enforcement, may be presented during the trial and could result in a less severe punishment. Conversely, aggravating factors, such as the use of a weapon or committing the assault in the presence of a child, could result in a more severe punishment.
Should I Contact an Attorney about My Felony Assault Charge in Texas?
If you are facing criminal charges in Texas, you need to seek the assistance of a skilled and experienced criminal defense attorney who can help protect your rights and defend your case in court.
LegalMatch is a valuable resource for finding a criminal defense attorney in Texas who can handle your case. By submitting your case details on LegalMatch, you can receive responses from multiple attorneys who specialize in criminal defense and are familiar with the local courts and legal system.
A criminal defense attorney can help you understand the charges against you, build a strong defense strategy, negotiate with prosecutors, and represent you in court. They can also provide guidance and support throughout the entire legal process, from the initial arrest to the final disposition of your case.
Don’t hesitate to seek legal representation if you are facing criminal charges in Texas. Use LegalMatch’s online attorney-client matching system today to find a skilled Texas assault lawyer who can help defend your felony assault case and protect your future.
