Assault Causing Bodily Injury in Texas | Houston Assault Attorney

Assault causing bodily injury is a Class A misdemeanor in Texas — but the definition of "bodily injury" is so broad that even minor physical pain, with no bruise or mark, can support the charge. And several common factors turn it into a felony. That combination makes these cases easy for the State to file and serious enough that they demand a real defense.

If you or a loved one has been charged with assault in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.01, a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another person. "Bodily injury" means physical pain, illness, or any impairment of physical condition — a deliberately broad definition. To convict, the State must prove you caused that injury and did so with one of the required mental states.

Penalty Range

Circumstance	Offense Level	Punishment
Standard assault bodily injury	Class A Misdemeanor	Up to 1 year jail; up to $4,000 fine
Against a family/household member with a prior family-violence conviction	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
By strangulation / impeding breath	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine
Against a peace officer or public servant	Third-Degree Felony	2 – 10 years prison; up to $10,000 fine

If the alleged victim is a family member

A family-violence allegation carries consequences beyond jail — including an affirmative finding of family violence that can restrict your gun rights and affect custody. See our dedicated pages on Assault Family Member, strangulation, and a second offense.

How These Cases Are Defended

Self-defense and defense of others. Texas law permits the use of force to protect yourself or a third person. Where the evidence supports it, this is a complete defense.
No bodily injury / no required intent. The State must prove actual injury and a culpable mental state. Accidents and contact that caused no pain may not qualify.
False or exaggerated allegations. Assault claims frequently arise from divorces, custody disputes, and breakups. We expose motive, inconsistency, and fabrication.
Attacking the evidence. We scrutinize the 911 call, body-worn and in-car video, medical records, photographs, and witness statements for contradictions.
Dismissal, reduction, and diversion. For many first-time cases we pursue outcomes that avoid a conviction and protect your record.

Collateral Consequences

An assault conviction — and especially a family-violence finding — can cost you your right to possess firearms under state and federal law, damage employment and professional licenses, and affect family-law and immigration matters. Keeping the case off your record is usually the central goal.

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 has been charged with assault 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 assault causing bodily injury in Texas?

Under Texas Penal Code § 22.01, a person commits assault by intentionally, knowingly, or recklessly causing bodily injury to another person. 'Bodily injury' is defined broadly as physical pain, illness, or any impairment of physical condition — so even minor pain, with no visible mark, can support the charge. Standard assault causing bodily injury is a Class A misdemeanor.

What is the punishment for assault bodily injury?

Assault causing bodily injury is generally a Class A misdemeanor, punishable by up to one year in county jail and a fine up to $4,000. It is enhanced to a felony when committed against a family or household member with a prior family-violence conviction, by strangulation, against a public servant or peace officer, or against certain protected victims.

Is assault bodily injury a felony?

Not by default — it is a Class A misdemeanor. But several factors elevate it to a felony, including a family-violence relationship combined with a prior conviction, impeding breath or circulation (strangulation), use of a deadly weapon (aggravated assault), or an assault on a peace officer, public servant, or family member causing serious bodily injury.

Can an assault charge be dropped if the victim doesn't want to press charges?

Not by the victim alone. In Texas the State — not the complaining witness — decides whether to prosecute. Even if the alleged victim signs an affidavit of non-prosecution or asks to drop the case, the prosecutor can proceed. That is exactly why you need your own attorney working the case from the start.

How is an assault bodily injury case defended?

Common defenses include self-defense and defense of others, lack of intent, that no bodily injury actually occurred, false or exaggerated allegations, and mistaken identity. We also scrutinize the 911 call, body-camera video, medical records, and inconsistent witness statements, and pursue dismissal, reduction, or diversion where available.

Assault — Bodily Injury