Is Aggravated Assault A Felony Texas. In the Lone Star State, the law takes assault very seriously, especially when certain “aggravating” factors are present. If you’ve heard the term “aggravated assault” and wondered about its severity, the answer is unequivocally clear: yes, aggravated assault in Texas is a felony offense. It carries significantly harsher penalties than simple assault, potentially leading to decades in prison and substantial fines.

Understanding what constitutes aggravated assault, the various forms it can take, and the typical sentences associated with it is crucial for anyone facing such charges or seeking to comprehend Texas’s strict legal framework.

What Makes an Assault “Aggravated” in Texas?

Under the Texas Penal Code, specifically Section 22.02, an assault becomes “aggravated” when one of two primary conditions is met:

Serious Bodily Injury: The assault causes “serious bodily injury” to another person. This isn’t just a bruise or a scratch. Texas law defines “serious bodily injury” as an injury that:
- Creates a substantial risk of death.
- Causes death.
- Causes serious permanent disfigurement.
- Causes protracted loss or impairment of the function of any bodily member or organ.
Examples of injuries that typically qualify as serious bodily injury include broken bones, deep lacerations, traumatic brain injuries, internal organ damage, or injuries requiring extensive medical intervention or causing long-term disability.
Use or Exhibition of a Deadly Weapon: The person uses or exhibits a “deadly weapon” during the commission of the assault. A deadly weapon is not limited to firearms or knives; it can be any object that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. This broad definition means that seemingly ordinary objects can become deadly weapons depending on how they are used.

Aggravated Assault Examples

To illustrate the types of actions that fall under the umbrella of aggravated assault, consider these examples:

Shooting or Stabbing: Intentionally shooting or stabbing someone, even if the wound isn’t immediately fatal, will almost certainly be charged as aggravated assault due to the use of a deadly weapon and the likelihood of serious bodily injury.
Hitting Someone with a Bat or Other Object: Striking someone with a baseball bat, a heavy blunt object, or even a vehicle (if used to intentionally hit a person) can lead to aggravated assault charges if serious bodily injury occurs or if the object is deemed a deadly weapon in that context.
Choking or Strangulation: Impeding the breathing or circulation of a family member, dating partner, or any individual, often referred to as “assault by strangulation,” is frequently charged as aggravated assault, especially given the high potential for serious bodily injury or death.
Brandishing a Weapon: Threatening someone with a firearm or knife, even if no physical contact is made, can be considered aggravated assault because the weapon was “exhibited” during the assault, placing the victim in fear of serious bodily injury or death.
Road Rage Incidents: If a driver intentionally uses their vehicle to ram another car, run someone off the road, or strike a pedestrian, and serious bodily injury results or the vehicle is deemed a deadly weapon, aggravated assault charges can follow.
Assault Against Specific Individuals: The law also elevates simple assault to aggravated assault, or further enhances an aggravated assault charge, if the victim belongs to certain protected classes. This includes:
- Public servants (e.g., police officers, firefighters, judges)
- Security officers
- Witnesses, prospective witnesses, or informants in a criminal case
- Process servers
- Family members, household members, or dating partners (especially when a deadly weapon is used and serious bodily injury is caused, or with prior family violence convictions).

Aggravated Assault Texas Sentence

The penalties for aggravated assault in Texas are severe and vary depending on the specific circumstances and any aggravating factors. Generally, aggravated assault is classified as either a Second-Degree Felony or a First-Degree Felony.

Second-Degree Felony

Most aggravated assault cases are prosecuted as Second-Degree Felonies.

Prison Sentence: 2 to 20 years in a state prison.
Fine: Up to $10,000.

This applies when the assault causes serious bodily injury or involves the use/exhibition of a deadly weapon, without the additional enhancements that would elevate it to a first-degree felony.

First-Degree Felony

In certain more egregious circumstances, aggravated assault can be elevated to a First-Degree Felony, which is the highest level of felony in Texas. This carries the most severe penalties. Scenarios that can elevate an aggravated assault to a first-degree felony include:

Aggravated Assault with Family Violence: If the assault involves the use of a deadly weapon and causes serious bodily injury to a person in a family or dating relationship with the offender, or a member of their household. Texas takes domestic violence extremely seriously.
Assault Against Public Servants/Specific Individuals: If the assault is committed against a public servant (such as a police officer), security officer, witness, prospective witness, or informant, while they are performing their official duties or in retaliation for their service.
Discharge of a Firearm from a Motor Vehicle: If the offender knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle, and is reckless as to whether it’s occupied, causing serious bodily injury to any person.
Mass Shooting: If the aggravated assault is committed as part of a mass shooting.

For a First-Degree Felony aggravated assault:

Prison Sentence: 5 years to 99 years, or life in prison.
Fine: Up to $10,000.

Collateral Consequences

Beyond the direct criminal penalties, a conviction for aggravated assault, being a felony, carries significant long-term collateral consequences. These can include:

Loss of Civil Rights: This often includes the loss of the right to vote, hold public office, and possess firearms.
Difficulty with Employment: A felony conviction can make it extremely challenging to find and maintain employment, as many employers conduct background checks.
Housing Challenges: Securing housing can become difficult due to a criminal record.
Professional Licenses: Certain professional licenses may be revoked or become impossible to obtain.
Immigration Issues: Non-citizens may face deportation.
Impact on Family Life: For family violence cases, there may be protective orders, loss of parental rights, and mandatory counseling.

Aggravated assault in Texas is a severe criminal offense, always classified as a felony. The Texas legal system imposes harsh penalties for these crimes, reflecting the serious harm they cause to individuals and society. If you or someone you know is facing aggravated assault charges, understanding the gravity of the situation and seeking experienced legal counsel immediately is paramount to navigating the complex legal process and protecting one’s rights and future. The potential for lengthy prison sentences and lasting consequences underscores the critical need for a robust defense.

In Austin, Texas, Erskine Law, also known as Law Maverick, is led by Board Certified Criminal Law Specialist Brian Erskine, offering a robust defense for individuals facing a wide array of criminal accusations. With extensive trial experience, including over 70 jury trials spanning serious charges like murder, trafficking, sexual assault, DWI, drug possession, and white-collar crimes, the firm provides comprehensive legal support from petty misdemeanors to major felonies. Beyond traditional criminal defense, Law Maverick also assists clients with personal injury cases and employment disputes, demonstrating a commitment to fighting for clients’ rights with a tenacious, “never-quit” approach.

Aggravated Assault in Texas: A Serious Felony with Severe Consequences