Aggravated Assault — Tex. Penal Code §22.02

F2 → F1§22.02Free preview

Aggravated Assault (Tex. Penal Code §22.02): 2nd degree felony (default). Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).

Statute: Tex. Penal Code §22.02
Classification: 2nd degree felony (default)
Grade range: Second-degree felony to First-degree felony
Last checked: November 2, 2026

Elements of the Offense

MicroPenal's summary of what the State must prove. Prove each numbered element; where alternatives are listed, any one of them is enough. Wording may be condensed. The official statute text controls.

A person
Commits assault (§22.01) by any one of these
- Intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse (§22.01(a)(1))
- Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse (§22.01(a)(2))
- 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 (§22.01(a)(3))
AND any one of these
- Causes serious bodily injury to another, including the person's spouse (§22.02(a)(1))
- Uses or exhibits a deadly weapon during the commission of the assault (§22.02(a)(2))

Statutory Language

The verbatim text of Tex. Penal Code §22.02 is published on the official Texas statutes website. MicroPenal does not reproduce it here; the statute controls over this summary.Read the statute

Punishment

Second-degree felony — 2 to 20 years TDCJ + up to $10,000 fine (§12.33).

Enhancements

Each enhancement applies only if its conditions are proven.

Condition	Raises the offense to	Statute
Uses a deadly weapon during the assault AND causes serious bodily injury to a person whose relationship to or association with the defendant is described by Fam. Code §71.0021(b) (dating), §71.003 (family), or §71.005 (household)	1st degree felony	§22.02(b)(1)(A)
Uses a deadly weapon during the assault AND causes a traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible paralysis	1st degree felony	§22.02(b)(1)(B)
By a public servant acting under color of the servant's office or employment	1st degree felony	§22.02(b)(2)(A)
Against 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 (knowledge presumed if the person wore a distinctive uniform or badge indicating employment as a public servant, §22.02(c))	1st degree felony	§22.02(b)(2)(B)
In retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime	1st degree felony	§22.02(b)(2)(C)
Against a person the actor knows is a process server while the person is performing a duty as a process server	1st degree felony	§22.02(b)(2)(D)
Against a person the actor knows is a security officer while the officer is performing a duty as a security officer (knowledge presumed if the person wore a distinctive uniform or badge indicating security-officer status, §22.02(c))	1st degree felony	§22.02(b)(2)(E)
By an actor committed to a civil commitment facility, against a person the actor knows is an officer or employee of the Texas Civil Commitment Office (while lawfully discharging an official duty, or in retaliation for official acts), or a person the actor knows is contracting with the state to perform a service in a civil commitment facility or that person's employee (while performing a service within the scope of the contract, or in retaliation for it). Knowledge presumed if the person wore a distinctive uniform or badge showing that status (§22.02(c-1))	1st degree felony	§22.02(b)(2)(F)
Actor is inside of or directly en route to or from a motor vehicle (Transp. Code §501.002) AND knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle, AND is reckless as to whether it is occupied, AND in discharging the firearm causes bodily injury to any person or damage to any property, or places any person in fear of imminent serious bodily injury	1st degree felony	§22.02(b)(3)
Commits the assault as part of a mass shooting: discharge of a firearm to cause, or attempt to cause, serious bodily injury or death to four or more persons during the same criminal transaction, or during different transactions under the same scheme or course of conduct (§1.07(a)(30-a))	1st degree felony	§22.02(b)(4)

Statutory definitions

Serious bodily injury: Injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. §1.07(a)(46)
Deadly weapon: A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. §1.07(a)(17)

Source and verification

Official text: Tex. Penal Code §22.02 on the Texas statutes website (statutes.capitol.texas.gov).
Last checked against the official statute text on November 2, 2026.
Published by MicroPenal from reference data release 2026-11-02. The elements and punishment above are MicroPenal's summary, not the statute itself.
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