Texas Penal Code § 22.02 – Aggravated Assault in Texas
Table of Contents
Statutory Text:
(a) A person commits an offense if the person commits assault as defined in Section 22.01 and the person:
&(1)& causes serious bodily injury to another, including the person’s spouse; or
&(2)& uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
&(1)& the actor uses a deadly weapon during the commission of the assault and causes:
&(A)& 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; or
&(B)& a traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible paralysis.
What Is Aggravated Assault in Texas?
Aggravated assault is a felony offense involving either serious bodily harm or the use of a weapon. It is a step above simple assault under § 22.01.
“Serious bodily injury” refers to injuries that create a substantial risk of death, permanent disfigurement, or long-term loss of function.
Common deadly weapons include:
Firearms
Knives
Vehicles
Baseball bats
Anything used with intent to cause harm
When This Law Applies
Aggravated assault charges are filed when:
Someone is beaten to the point of hospitalization
A gun or knife is shown during a threat
A firearm is discharged toward a person or occupied space
An assault causes permanent scarring or loss of limb
A vehicle is used to strike someone intentionally
Example Scenario
A man gets into a road rage incident and pulls a handgun. He does not fire, but points it at the other driver while yelling threats. This qualifies as aggravated assault because a deadly weapon was exhibited during the threat of violence.
If he fired the weapon and injured the other driver, the charge would likely be enhanced to a first-degree felony.
Criminal Penalties for Aggravated Assault
Second-degree felony
2 to 20 years in prison
Up to $10,000 fineFirst-degree felony (aggravated circumstances)
5 to 99 years or life in prison
Up to $10,000 fine
The distinction between first and second-degree typically depends on who the victim is and how the assault was carried out.
Civil Liability for Aggravated Assault
Aggravated assault also gives rise to personal injury lawsuits. Civil claims may include:
Hospital bills and future medical care
Lost wages and earning capacity
Emotional trauma and mental anguish
Pain and suffering
Punitive damages in extreme cases
Victims may also seek protective orders or permanent injunctions.
Related Statutes
§ 22.01 – Simple Assault
§ 22.05 – Deadly Conduct
§ 9.31 – Self-Defense
§ 9.32 – Deadly Force in Self-Defense
Texas Case Law Interpreting § 22.02
Exhibiting a firearm, even without firing, can constitute aggravated assault.
Clarified that serious bodily injury must substantially impair health or function.
Using a vehicle as a weapon can qualify as aggravated assault.
Frequently Asked Questions About § 101.021
Houston Personal Injury Lawyer - Joel A. Gordon
Injuries that create a risk of death, long-term loss of function, or disfigurement are considered serious.
Yes. Exhibiting a deadly weapon during a threat satisfies the statute.
Yes. It is either a second or first-degree felony depending on the circumstances.
Yes. The minimum penalty is two years in prison. Sentences can reach up to life in some cases.
Possibly. If the use of force was justified, self-defense may be raised but must be proven based on the facts.