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Assault Causing Bodily Injury

If you were charged with the crime of assault by causing bodily injury under Tex. Penal Code Ann. § 22.01(a)(1), the accusation requires proof that you intentionally, knowingly, or recklessly causing bodily injury to another, including your spouse.

The crime is usually charged as a class A misdemeanor in San Antonio and throughout Bexar County, TX.

Attorney for Assault by Causing Bodily Injury in San Antonio, TX

If you were charged with assault by causing bodily injury in San Antonio, TX, then contact an experienced criminal defense attorney at Goldstein, Goldstein, Hilley & Orr. We can help you understand the charges pending against you, the potential penalties that apply to those charges, and the best ways to fight the charges for an outright dismissal.

Let us put our experience to work for you. Call 210-226-1463 today.


Enhanced Penalties for Assault by Causing Bodily Injury

In some cases, the charge of assault by causing bodily injury can be charged as a felony in the third degree if the victim of the assault is:

  • a person the defendant 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 as explained in Tex. Penal Code Ann. § 22.01(b)(1);
  • a member of the defendant's family or household, or a person with whom the defendant has a dating relationship, and it is shown at the trial of the offense that the defendant has a prior conviction for assault, homicide, kidnapping, aggravated kidnapping, or indecency with a child, against one with whom the defendant has a dating relationship, or a member of the defendant's family or household as explained in Tex. Penal Code Ann. § 22.01(b)(2)(A).; or
  • 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 as explained in  Tex. Penal Code Ann. § 22.01(b)(2)(B);
  • a person who contracts with government to perform a service in a correctional or juvenile detention facility or an employee of that person, either while the person or employee is engaged in performing a service within the scope of the contract, if the actor knows the person or employee is authorized by the government to provide the service of in retaliation for or on account of the person or employee's performance of a service within the scope of the contract as explained in Tex. Penal Code Ann. § 22.01(b)(3);
  • a person the actor knows is a security officer while the officer is performing a duty as a security officer as explained in  Tex. Penal Code Ann. § 22.01(b)(4);
  • a person the actor knows is emergency-services personnel while the person is providing emergency services as explained in Tex. Penal Code Ann. § 22.01(b)(5).

Tex. Penal Code Ann. § 22.01(b)(6) provides that offense is a felony of the third degree if it is committed against a pregnant individual to force the individual to have an abortion.

Tex. Penal Code Ann. § 22.01(b-2) was added effective September 1, 2017, and provides that Notwithstanding Subsection (b)(1), an offense under Subsection (a)(1) is a felony of the second degree if the offense is committed against a person the actor knows is a peace officer or judge while the officer or judge 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 peace officer or judge.


Definitions in the Texas Assault Statute

Under the assault statute, the term "dating relationship" is defined in Tex. Fam. Code Ann. § 71.0021(b). The term "family" is defined in Tex. Fam. Code Ann. § 71.003. The term "household" is defined in Tex. Fam. Code Ann. § 71.005.

Under Tex. Penal Code Ann. § 22.01(e)(1), the phrase "emergency services personnel” includes firefighters, emergency medical services personnel, emergency room personnel, and other individuals who, in the course and scope of employment or as volunteers, provide services for the benefit of the general public during emergency situations.

The term ”security officer" means a commissioned or non-commissioned security officer as explained in Tex. Penal Code Ann. § 22.01(e)(3). The term “registration of noncommissioned security officers” is governed by Tex. Occ. Code Ann. § 1702.221.

For purposes of Tex. Penal Code Ann. § 22.01(b)(3), the definition of "correctional facility" is defined in Tex. Penal Code Ann. § 1.07(a)(14) and Tex. Fam. Code Ann. § 51.02(13). The definition of "detention facility" is found in Tex. Fam. Code Ann. § 51.02(14).

This article was last updated on Friday, November 22, 2017.

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