By Nathaniel Pitoniak on November 17th, 2025 in Criminal Defense
Four factors turn a misdemeanor assault into a felony in Texas: using or displaying a deadly weapon, causing serious bodily injury, choking someone during a family violence incident, or striking a protected victim like a police officer or elderly person. Any one of these elements transforms a Class A misdemeanor, punishable by up to one year in jail, into a felony carrying a sentence of two to twenty years in prison, or even life.
If you were arrested after a confrontation in Harris County and charged with aggravated assault, you need to understand what elevated the charge and how that affects your defense options, bail, and prison exposure.
The Law Office of Nathaniel Pitoniak represents Houstonians facing aggravated assault charges stemming from domestic disputes, bar fights, road-rage incidents, and neighborhood conflicts. Do not speak to law enforcement without counsel. Do not resist arrest. Call (832) 315-6283 for confidential guidance before you make statements that close off defenses.
Key Facts: Simple Assault vs. Aggravated Assault in Texas
- Simple assault becomes aggravated assault when the offense involves a deadly weapon, causes serious bodily injury, or targets protected victims
- Serious bodily injury means harm creating a substantial risk of death, permanent disfigurement, or protracted loss of function, not just pain or bruising
- Choking or impeding breath during family violence automatically elevates the charge to a third-degree felony, even without visible injury
- Aggravated assault penalties range from two to twenty years in prison (or life for first-degree felonies), making early defense intervention critical
What Factors Elevate a Simple Assault to Aggravated Assault in Texas?
Texas Penal Code § 22.01 defines simple assault as intentionally, knowingly, or recklessly causing bodily injury to another person, threatening someone with imminent bodily injury, or causing physical contact that the person finds offensive. Simple assault is typically a Class A misdemeanor punishable by up to one year in jail and a fine.
The offense escalates to aggravated assault under § 22.02 when any of the following elements are present:
- Use or exhibition of a deadly weapon: Displaying or using a firearm, knife, vehicle, or any object capable of causing death or serious bodily injury during the assault.
- Serious bodily injury: Causing harm that creates a substantial risk of death, permanent disfigurement, protracted loss or impairment of a body part or organ, or protracted loss of bodily function.
- Protected victim status: Committing assault against a public servant (police officer, firefighter, judge), security officer, emergency responder, witness, informant, elderly person (65 or older), or disabled individual.
- Family violence with strangulation: Impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, or blocking the nose or mouth of a family member, household member, or dating partner.
Any of these can increase a misdemeanor assault charge to a felony, and multiple elements may apply simultaneously in a single incident.
What Are the Penalties for Aggravated Assault in Texas?
Aggravated assault penalties depend on the degree of felony and whether enhancements apply:
- First-degree felony: Five to ninety-nine years or life in prison and fines up to $10,000 (aggravated assault against a public servant, family violence with serious bodily injury, or assault with a deadly weapon against protected victims).
- Second-degree felony: Two to twenty years in prison and fines up to $10,000 (standard aggravated assault with a deadly weapon or serious bodily injury).
- Third-degree felony: Two to ten years in prison and fines up to $10,000 (family violence with strangulation, assault causing bodily injury to a public servant).
Does Using a Deadly Weapon Automatically Make It Aggravated Assault?
Using or exhibiting a deadly weapon during an assault automatically elevates the charge to aggravated assault, regardless of whether serious injury occurred. A deadly weapon includes firearms, knives, clubs, vehicles, and any object capable of causing death or serious bodily injury in the manner used.
Exhibition means displaying the weapon in a manner calculated to alarm, like pointing a gun at someone, brandishing a knife during an argument, or threatening someone with a baseball bat. Reckless conduct with a weapon might also meet the standard if the State proves you consciously disregarded a substantial risk of harm.
What Counts as “Serious Bodily Injury” Under Texas Law?
Texas Penal Code § 1.07(46) defines serious bodily injury as harm that creates a substantial risk of death or causes death, permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or protracted loss of any bodily function.
Examples of serious bodily injury include:
- Skull fractures, traumatic brain injuries, or concussions requiring hospitalization
- Broken bones that require surgical repair or cause permanent mobility issues
- Stab wounds or gunshot wounds that damage internal organs or major blood vessels
- Eye injuries that result in permanent vision loss or disfigurement
- Burns covering significant portions of the body or requiring skin grafts
Courts evaluate serious bodily injury based on medical records, expert testimony, photographs of injuries, and the victim’s treatment history. If prosecutors cannot prove serious bodily injury beyond a reasonable doubt, your assault defense attorney might be able to negotiate for reduced charges or pursue an acquittal at trial.
Is Choking or Strangulation Charged as Aggravated Assault in Family Violence Cases?
Texas Penal Code § 22.01(b)(2)(B) states that impeding the normal breathing or circulation of blood by applying pressure to the throat or neck, or blocking the nose or mouth, constitutes assault. When the victim is a family member, household member, or dating partner, the offense is elevated to a third-degree felony even without visible injury or loss of consciousness.
This enhancement recognizes the severe dangers of strangulation, which can cause brain damage, stroke, miscarriage, and death even when external injuries are minimal. Prosecutors aggressively pursue strangulation cases, and convictions carry penalties of two to ten years in prison.
How Do Victim Status Enhancements Affect Aggravated Assault Charges?
When the victim is a public servant performing official duties, a security officer, an emergency responder, a witness, an elderly person (65 or older), or a disabled individual, the charge becomes aggravated assault even without a weapon or serious injury. These enhancements protect vulnerable populations and public safety functions.
Assault on a public servant is a second-degree felony carrying two to twenty years in prison. The State must prove you knew the victim was a public servant performing official duties. Officers who fail to identify themselves or exceed their lawful authority might not qualify for the enhancement.
Assault on an elderly or disabled person requires proof that you knew or reasonably should have known the victim’s age or disability. Simple assault against these victims is a third-degree felony. Aggravated assault (with a weapon or serious bodily injury) becomes a first-degree felony punishable by five to ninety-nine years or life in prison.
FAQ for Aggravated Assault Charges in Texas
Will a Prior Family Violence Conviction Elevate the Charge or Penalty?
A prior family violence conviction can enhance a new assault charge from a misdemeanor to a third-degree felony under repeat-offender statutes. Prior convictions also impact bail decisions, protective orders, and firearm rights.
Can Aggravated Assault Be Reduced to a Misdemeanor With a Plea?
Reduction depends on the strength of the State’s evidence, the severity of injuries, and the defendant’s criminal history. In cases with weak proof of serious bodily injury or disputed weapon use, your attorney might negotiate for a misdemeanor plea to simple assault or a deferred adjudication that avoids a final conviction.
What Defenses are Available in Texas Aggravated Assault Cases?
Common defenses include self-defense or defense of others, lack of intent or knowledge, mistaken identity, false accusations, insufficient evidence of serious bodily injury or deadly weapon use, and constitutional violations during arrest or interrogation. Your attorney can build a defense strategy around the specific facts of your case, including witness credibility, forensic evidence, medical records, and video footage.
Protecting Your Constitutional Rights After an Aggravated Assault Arrest
Aggravated assault charges carry prison sentences, felony records, and collateral consequences that affect employment, housing, and immigration status. If you were arrested after a confrontation in Harris County, you need an attorney who understands Texas assault law, evidence suppression, and mitigation strategies.
The Law Office of Nathaniel Pitoniak represents Houstonians facing aggravated assault charges stemming from domestic incidents, bar fights, and street confrontations. Do not speak to law enforcement without counsel. Do not resist arrest. Call (832) 315-6283 for confidential guidance on how to challenge the State’s evidence and pursue resolutions that protect your freedom and future.
