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A Texas assault charge can be a felony even when nobody went to the hospital and no weapon was in the room. Under Section 22.01 of the Texas Penal Code, an assault happens when you cause bodily injury, threaten someone with imminent injury, or make offensive physical contact. Whether that assault stays a misdemeanor or becomes a felony turns on four different facts: how serious the injury was, whether a weapon was involved, how the contact was carried out, and who was hurt.

The Short Answer: When Assault Becomes a Felony in Texas

In Texas, an assault becomes a felony when any one of four things is true:

• The injury was serious.
• A deadly weapon was used or shown.
• The contact cut off someone’s breathing or blood flow in a family or dating relationship.
• The person hurt was someone the Penal Code singles out for extra protection.

Most Texas assault cases start as a Class A misdemeanor. Here’s how each of those four factors plays out in practice, starting with the two that create a separate, more serious offense, aggravated assault under Section 22.02 of the Penal Code:

• Serious injury: Harm that goes past pain, into lasting or life-threatening damage.
• A deadly weapon: Used or shown during the assault.
• The manner of contact: Cutting off someone’s breathing or blood flow during an assault on a family member, household member, or dating partner is its own felony route, not aggravated assault.
• Who was hurt: Some victims are protected by the Penal Code, and an assault against one of them can be a felony regardless of injury or weapon.

How Texas Defines Assault in the First Place

Texas defines assault three ways:

• You cause bodily injury to another person.
• You threaten someone with harm that is about to happen.
• You touch someone in a way they would reasonably find offensive or provocative.

Bodily injury is a low bar. The Penal Code’s definition covers physical pain, illness, or any impairment of physical condition. No bruise, no bleeding, and no treatment are required.

Every felony route builds on top of that Class A misdemeanor base.

What Counts as Serious Bodily Injury Under Texas Law?

Serious bodily injury in Texas starts with harm that creates a substantial risk of death, or that causes death. It also covers serious permanent disfigurement, meaning scarring you carry for life.

The definition reaches protracted loss or impairment of function as well, meaning a body part or organ stops working for a long time.

Ordinary bodily injury is pain. Serious bodily injury is harm that threatens life or lasts. Causing serious bodily injury is what turns simple assault into aggravated assault. Which side of that line an injury falls on is often the whole fight in a case.

When Does a Deadly Weapon Turn Assault Into a Felony?

Using or showing a deadly weapon during an assault makes it aggravated assault, a second-degree felony. That holds even if no one is hurt. The statute does not require that the weapon be fired or swung.

A deadly weapon is not just a gun. Under Section 1.07(a)(17) of the Penal Code, some things are deadly weapons no matter how they are used, because they are built to kill or seriously injure, like a firearm. Other everyday objects become deadly weapons based on how they are actually used in the moment, if the way they were used was capable of causing death or serious injury.

Is Choking or Strangulation a Felony in Texas?

Yes. Cutting off the breathing or blood flow of a family member, household member, or dating partner during an assault is a third-degree felony in Texas. That holds on a first offense, even with no lasting injury.

The relevant subsection names the specific acts: pressure on the throat or neck, or a blocked nose or mouth. The act has to be intentional, knowing, or reckless. The felony grade needs no weapon, no serious injury, and no past conviction.

The subsection covers people tied to the accused by dating, family, or household relationships defined in the Texas Family Code. Those same ties come up throughout the family violence cases we defend.

Which Victims Turn an Assault Into a Felony?

Who was hurt can turn an ordinary assault into a felony on its own. Assault on certain protected people is a third-degree felony, and two circumstances raise it further:

• Peace officers and judges: A second-degree felony, but only when the accused knew the person’s role.
• A prior family violence conviction: A repeat assault on someone with those same family ties is a third-degree felony.

Other protected groups are named in the statute as well. The specific subsection named in your charging paperwork is what sets the felony level here.

How Much Prison Time Does a Felony Assault Carry?

A third-degree felony assault in Texas carries 2 to 10 years in prison. A second-degree felony carries 2 to 20 years. A first-degree felony carries 5 to 99 years or life. Each grade can also carry a fine of up to $10,000.

Aggravated assault is a second-degree felony by default under Section 22.02(b). The first-degree tier applies when a deadly weapon is used and the serious bodily injury is caused to a family member, household member, or dating partner, or when the assault is committed against a public servant acting in an official capacity. Our aggravated assault page goes deeper into penalties and defenses for that specific charge.

What to Do If You Are Facing a Felony Assault Charge in Texas

Two things matter most in the early days of a felony assault case. What you say, and to whom, can shape the whole case, which is why speaking with a criminal defense attorney before answering further questions is worth doing early rather than later. Knowing the exact subsection you are charged under also matters, since that subsection controls the felony grade and the range you are facing. Bring these two things to that conversation:

• Charging instrument: Get a copy so you know the exact subsection you are charged under.
• Evidence of injury: Photos, medical records, and messages from that day showing how bad the injury was.

We are The Love DuCote Law Firm LLC, and we handle assault and family violence cases in Sugar Land, Fort Bend, Houston, Harris County, and Katy, Texas. Call 832-662-1294 or contact us today to talk through your charge.

The Love DuCote Law Firm LLC – Texas Office
1600 Highway 6, Suite 480
Sugar Land, Texas 77478

Phone: (832) 786 2949
Fax: (832) 553 7765