Aggravated Assault Family Member — Serious Bodily Injury in Texas | Houston Attorney

Causing serious bodily injury to a family member is aggravated assault in Texas — a second-degree felony, and a first-degree felony (up to life) when a deadly weapon is also used. The charge hinges on the phrase "serious bodily injury," a demanding legal standard that the State often stretches to fit injuries that don't truly qualify.

If you or a loved one is facing this charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.02, an aggravated assault is committed when an assault causes serious bodily injury. When the victim is a family or household member or dating partner, the family-violence framework attaches, and if a deadly weapon is also used and serious bodily injury results, the offense rises to a first-degree felony. "Serious bodily injury" means injury creating a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.

Penalty Range

Circumstance	Offense Level	Punishment
Serious bodily injury to a family member	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Serious bodily injury + deadly weapon (family member)	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

How These Cases Are Defended

Challenging "serious bodily injury." This is the heart of the defense. If the injury does not meet the strict statutory standard, the case can drop to misdemeanor Assault Family Member.
Self-defense and defense of others. Force can be justified even against a family member, particularly where the other person was the aggressor.
Causation. The State must prove your conduct caused the injury; pre-existing conditions and intervening events can break that chain.
False or exaggerated allegations. These charges often arise amid divorce and custody disputes; we expose motive and inconsistency.
Attacking the evidence. We scrutinize medical records, 911 calls, photographs, body-camera video, and shifting witness statements.

Collateral Consequences

A felony family-violence conviction carries prison exposure, an affirmative finding of family violence, firearm restrictions under state and federal law, immigration consequences, and lasting effects on custody and employment. Protecting against those consequences drives the defense.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

What is aggravated assault causing serious bodily injury to a family member?

It is an assault under Texas Penal Code § 22.02 that causes serious bodily injury to a family or household member or dating partner. 'Serious bodily injury' means an injury that creates a substantial risk of death, or causes serious permanent disfigurement or protracted loss or impairment of a body part or organ — a much higher bar than ordinary 'bodily injury.'

Is it a first-degree or second-degree felony?

Causing serious bodily injury is at least a second-degree felony (2 to 20 years). It becomes a first-degree felony (5 to 99 years or life) when the person also uses or exhibits a deadly weapon against the family member. Whether the case is first- or second-degree often turns on the deadly-weapon element.

How is 'serious bodily injury' different from 'bodily injury'?

Ordinary bodily injury is any physical pain, illness, or impairment — a very low bar that supports misdemeanor assault. Serious bodily injury is far more severe: a substantial risk of death, serious permanent disfigurement, or long-term loss or impairment of a body part. Many injuries the State labels 'serious' do not actually meet this definition, which is a key defense.

Can this charge be reduced to misdemeanor family assault?

Yes. If the injury does not meet the strict 'serious bodily injury' standard and no deadly weapon was used, the case can drop to misdemeanor Assault Family Member. That reduction changes the exposure from years in prison to a misdemeanor range, so challenging the injury element is central.

Is self-defense available in a family assault case?

Yes. The right to defend yourself or another person applies regardless of the relationship. Where the evidence shows the other person was the aggressor, self-defense can be a complete defense even to a serious-injury allegation.

Aggravated Assault — Family Member, Serious Bodily Injury