Assault Causing Bodily Injury

What Is Bodily Injury?

Texas law defines bodily injury broadly as physical pain, illness, or any impairment of physical condition. This means that even minor contact that causes pain, such as a slap, a shove, or a punch that leaves no visible mark, can support an assault charge. The alleged victim's testimony that they experienced pain is often sufficient for a conviction.

Misdemeanor Assault Charges

Assault causing bodily injury against a non-family member is a Class A misdemeanor, punishable by up to one year in county jail and a fine up to $4,000. Against a family member, household member, or dating partner, it is also a Class A misdemeanor but carries the additional family violence designation, which has long-term consequences.

Assault Against a Public Servant

Assault causing bodily injury against a public servant including police officers, firefighters, EMS personnel, and government employees is elevated to a 3rd degree felony (2–10 years prison). This applies when the defendant knows the victim is a public servant performing their official duties.

Probation and Deferred Adjudication

Many first-time assault defendants are eligible for probation or deferred adjudication, which can allow you to avoid a conviction on your record. An experienced attorney can evaluate your eligibility and negotiate with the prosecution for a favorable outcome, including dismissal after successful completion of probation.

Potential Penalties

• › Class A misdemeanor: Up to 1 year jail, $4,000 fine
• › Against public servant: 3rd degree felony (2–10 years
• › Family violence designation has additional long-term consequences
• › Loss of firearm rights with family violence finding

Possible Defenses

• › Self-defense or defense of others
• › The contact was accidental, with no intent or recklessness
• › The alleged victim is not credible
• › Mutual combat or provocation
• › No bodily injury actually occurred
• › Mistaken identity

Frequently Asked Questions