Aggravated Assault in Texas

What is aggravated assault in Texas?

A person commits aggravated assault by committing an assault under Section 22.01 and either causing serious bodily injury to another person, including a spouse, or using or exhibiting a deadly weapon during the assault. Source: Texas Penal Code § 22.02

That means the State first has to prove a basic assault: causing bodily injury, threatening imminent bodily injury, or offensive physical contact. Then it has to prove one of the two aggravating facts. Source: Texas Penal Code § 22.01

What is "serious bodily injury"?

Texas law defines serious bodily injury as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Source: Texas Penal Code § 1.07

Ordinary "bodily injury" is much lower: physical pain, illness, or any impairment of physical condition. The gap between those two definitions is often where an aggravated assault case is fought. Source: Texas Penal Code § 1.07

What counts as a "deadly weapon" in Texas?

A deadly weapon is a firearm, or anything manifestly designed, made or adapted to inflict death or serious bodily injury. It is also anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. Source: Texas Penal Code § 1.07

The second half of that definition is why everyday objects can be charged as deadly weapons. A vehicle, a bottle or a tool can qualify depending on how the State says it was used. The law also covers "exhibiting" a deadly weapon during an assault. The person must still commit an assault, such as intentionally or knowingly threatening imminent bodily injury, but the weapon does not have to cause any injury. Source: Texas Penal Code § 22.01

What is the punishment for aggravated assault in Texas?

Aggravated assault is a second degree felony in most cases. These are the ordinary ranges; prior felony convictions can increase them. Source: Texas Penal Code §§ 22.02 and 12.42

Source: Texas Penal Code §§ 12.32 and 12.33

When is aggravated assault a first degree felony?

The charge rises to a first degree felony in specific situations listed in Section 22.02(b), including when:

• The person uses a deadly weapon and causes serious bodily injury to someone whose relationship is described as family, household or dating under the Family Code.
• The offense is committed by a public servant acting under color of office or employment.
• The offense is committed against a person the actor knows is a public servant lawfully discharging an official duty, or in retaliation for the public servant's official acts.
• The offense is committed in retaliation against a witness, prospective witness, informant or person who reported a crime.
• The offense is committed against a person the actor knows is a process server while performing a process server duty.
• The offense is committed against a person the actor knows is a security officer while performing a security officer duty.
• The offense is committed by a person committed to a civil commitment facility against a Texas Civil Commitment Office officer, employee or contractor in the circumstances the statute lists.
• The person uses a deadly weapon and causes a traumatic brain or spine injury that results in a persistent vegetative state or irreversible paralysis.
• The person, while in or traveling to or from a motor vehicle, knowingly fires a gun at a habitation, building or vehicle, is reckless about whether it is occupied, and causes bodily injury, property damage, or fear of imminent serious bodily injury.
• The assault is committed as part of a mass shooting, which Texas defines as firing a gun to cause or attempt to cause serious bodily injury or death to four or more people in the same criminal transaction or the same scheme. Source: Texas Penal Code § 1.07

Source: Texas Penal Code § 22.02

Can you get probation for aggravated assault with a deadly weapon?

A judge cannot order regular community supervision when it is shown that a deadly weapon was used or exhibited during a felony or the immediate flight from it, and the defendant either used or exhibited it or was a party who knew it would be used or exhibited. Source: Texas Code of Criminal Procedure Art. 42A.054

A jury may still recommend community supervision if, before trial, the person files a sworn motion stating they have never been convicted of a felony, the jury finds that true, and the sentence assessed is 10 years or less. Source: Texas Code of Criminal Procedure Arts. 42A.055 and 42A.056

Deferred adjudication is a separate path. The deferred adjudication statute does not list aggravated assault among the offenses that are excluded, so it can remain an option depending on the facts and the court. Source: Texas Code of Criminal Procedure Art. 42A.102

What defenses apply to aggravated assault charges?

Common defense issues include:

• No serious bodily injury. The medical records may show bodily injury, not serious bodily injury. This matters when the State relies on the injury theory.
• No deadly weapon. An object may not meet the "manner of use" definition on the facts. This matters when the State relies on the weapon theory.
• Self-defense or defense of others. Texas law justifies force and deadly force in defined situations. Source: Texas Penal Code §§ 9.31 and 9.32
• Identity and intent. The State must prove the person acted intentionally, knowingly or recklessly.
• Lesser included offenses. If an aggravating element fails, the case may come down to a misdemeanor assault.

Every case turns on its own evidence, which is why early review of the police report, medical records and any video matters.

Last updated October 2026

How do I get started?

Talk with Texas Criminal Defense Attorneys PLLC. Call 214-305-9640 for a free consultation. Criminal defense consultations are free. Your consultation is with our Director of Client Engagement, not an attorney. If you hire us, an attorney handles your case.

Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.

This page is general information about Texas law, not legal advice about your situation. Reading it does not create an attorney-client relationship.