Aggravated Assault

Chapter 22 of the Texas Penal Code places restrictions and guidelines on the use of force by an individual acting outside of official State capacity.

“Aggravated Assault”, as per § 22.02 of the Texas Penal Code, occurs when a person commits an assault and the person:

• causes serious bodily injury to another, including the person's spouse; or
• uses or exhibits a deadly weapon during the commission of the assault.

Aggravated assault is a second degree felony and is punishable by a term of imprisonment ranging from 2-20 years, as well as a fine of up to $10,000.

Aggravated assault can be charged as a first degree felony if:

• the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
• The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

Or if the offense is committed:

• by a public servant acting under color of the servant's office or employment
• against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
• in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

• against a person the actor knows is a security officer while the officer is performing a duty as a security officer;
• In a motor vehicle where:

• The actor knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
• is reckless as to whether the habitation, building, or vehicle is occupied; and
• in discharging the firearm, causes serious bodily injury to any person.

If charged as a first degree felony, aggravated assault is punishable by a term of imprisonment ranging from 5 years to life, as well as a fine of up to $10,000.

Punishment Range

Second Degree Felony

• Imprisonment in the institutional division for not more than 20 years or less than two years
• In addition to imprisonment, may receive a fine not to exceed $10,000

First Degree Felony

• Imprisonment in the institutional division for life, or
• Imprisonment in the institutional division for not more than 99 years or less than five years with the exception of aggravated sexual assault, which adds a 25-year minimum punishment if the victim is younger than 6, or younger than 14 and the offense contained threats of serious bodily injury or death, or use of a deadly weapon
• In addition to imprisonment, may receive a fine not to exceed $10,000