Texas Civil Practice & Remedies Code § 101.021 – Waiver of Sovereign Immunity

Q: Is it assault if there is no visible injury?

Yes. Pain or physical impairment qualifies as bodily injury under Texas law, even without visible signs.

Q: Can I be charged with assault just for threatening someone?

Yes. If the threat causes reasonable fear of immediate harm, it may be prosecuted as assault.

Q: When does assault become a felony in Texas?

It becomes a felony if the victim is a public servant or the assault involves a deadly weapon or repeat family violence.

Q: Can assault charges be dismissed if the victim wants to drop them?

No. The decision to dismiss charges rests with the prosecutor, not the victim.

Statutory Text:

(a) A person commits an offense if the person:
    (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse;
    (2) intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; or
    (3) intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is:
    (1) a felony of the third degree if the offense is committed against:
        (A) a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
        (B) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if:
            (i) it is shown on the trial of the offense that the defendant has been previously convicted of an offense under this chapter, Chapter 19, or Section 20.03, 20.04, 21.11, 22.011, or 22.021 against 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
            (ii) the offense is committed by intentionally, knowingly, or recklessly impeding the normal breathing or circulation of the blood of the person by applying pressure to the person’s throat or neck or by blocking the person’s nose or mouth;
        (C) a person who contracts with government to perform a service in a facility as defined by Section 1.07(a)(14), Penal Code, or Section 51.02(13), Family Code, or as an employee of the contractor or as a volunteer, if the actor knows the person is working at the facility and:
            (i) the actor is confined in the facility; or
            (ii) the actor is committed to the facility;
        (D) a security officer while the officer is performing a duty as a security officer; or
        (E) emergency services personnel while the person is providing emergency services.
    (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:
        (A) while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant; or
        (B) in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.
(c) An offense under Subsection (a)(3) is a Class C misdemeanor, except that the offense is:
    (1) a Class A misdemeanor if the offense is committed under Subsection (a)(3) against an elderly individual or disabled individual, as those terms are defined by Section 22.04; or
    (2) a Class B misdemeanor if the offense is committed by a person who is not a sports participant against a person the actor knows is a sports participant either:
        (A) while the participant is performing duties or responsibilities in the participant’s capacity as a sports participant; or
        (B) in retaliation for or on account of the participant’s performance of a duty or responsibility within the participant’s capacity as a sports participant.

What Is Assault Under Texas Law?

Assault under Texas Penal Code § 22.01 includes more than physical harm. It also criminalizes making threats or engaging in offensive contact. Bodily injury does not need to leave a visible mark. It only needs to cause pain, illness, or impairment. Offensive contact could include slapping, shoving, or even spitting.

When This Law Applies

This law applies in situations where someone:

Hits, punches, kicks, or physically injures another person
Makes threats that cause fear of immediate injury
Touches someone in a way they find offensive or provocative
Uses force against a family member, public servant, emergency worker, or other protected person

Example Scenario

A person yells at a grocery store clerk during a disagreement. They slam their fist on the counter and slap a pen out of the clerk’s hand. The clerk feels pain in their finger. That conduct would meet the definition of assault under § 22.01 and could be charged as a Class A misdemeanor. If the victim were a public servant, the charges could be enhanced to a felony.