Assault Causing Serious Bodily Injury

Defining Serious Bodily Injury

Texas Penal Code § 1.07 defines serious bodily injury as bodily injury that creates a substantial risk of death, causes death, causes permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ. Whether an injury qualifies as serious bodily injury is often a contested issue in these cases and can be challenged by the defense.

Aggravated Assault vs. Simple Assault

Simple assault causing bodily injury is a Class A misdemeanor. When the injury rises to the level of serious bodily injury, the charge becomes aggravated assault, a 2nd degree felony. The distinction between bodily injury and serious bodily injury is critical and can mean the difference between a misdemeanor and years in prison.

Enhanced Charges

Aggravated assault causing serious bodily injury is elevated to a 1st degree felony when committed against a family member, household member, dating partner, public servant, security officer, or witness. The involvement of a deadly weapon in causing the serious bodily injury also elevates the charge.

Medical Evidence and Expert Witnesses

These cases often hinge on medical evidence, including emergency room records, physician testimony, and expert witnesses who can speak to the nature and severity of the injury. An experienced defense attorney will scrutinize the medical evidence and may retain independent medical experts to challenge the prosecution's characterization of the injury.

Potential Penalties

• › 2nd degree felony: 2–20 years prison, up to $10,000 fine
• › 1st degree felony (enhanced): 5–99 years or life in prison
• › Permanent felony record
• › Potential civil liability to the victim

Possible Defenses

• › The injury does not meet the legal definition of serious bodily injury
• › Self-defense or defense of others
• › The injury was caused by someone else
• › Lack of intent: the injury was accidental
• › Mistaken identity
• › Independent medical expert testimony challenging injury severity

Frequently Asked Questions