Facing a 22.01 Assault Charge in Texas?

What is a 22.01 charge in Texas? It is an assault charge under Texas Penal Code § 22.01. Texas Penal Code § 22.01(a) lists three ways a person can commit an offense of assault: causing bodily injury, threatening imminent bodily injury, or intentionally or knowingly causing physical contact that the person knows or should reasonably believe the other will regard as offensive or provocative. This page explains each one in plain words, how the charge is classified, and what penalty ranges apply. If you’re facing this charge, or trying to understand it for someone you love, this guide is for you.

What Texas Assault Law Covers

Section 22.01 is the Texas law that defines assault. It covers conduct against another person, including a spouse. The Penal Code § 22.01 sets out each way the offense can happen.

You may see this charge written as “assault causing bodily injury.” The statute’s own heading is simply “Assault.” Its subsections describe the separate ways the offense can happen, and each one has its own rules.

The statute also says the same conduct can break more than one law. So the charge label alone doesn’t tell the whole story.

Why does this matter? Two people can be charged under the same heading for very different conduct. A bodily-injury charge and an offensive-contact charge describe different acts, and each carries its own classification. Reading which subsection is alleged is the first step in understanding any 22.01 case.

The Three Ways a 22.01 Assault Can Be Charged

A charge under Section 22.01 rests on one of the three ways of committing assault listed in Subsection (a). The charging papers show which one the state alleges.

Causing bodily injury. A person commits this offense when they intentionally, knowingly, or recklessly cause bodily injury to another person, including a spouse. Under Penal Code § 1.07, bodily injury means physical pain, illness, or any impairment of physical condition. That means even physical pain alone can meet the definition.

Threatening imminent bodily injury. This version requires an intentional or knowing threat. The threat must be of imminent bodily injury, meaning injury that is about to happen.

Offensive or provocative contact. This version covers physical contact the person intentionally or knowingly causes. The person must know, or reasonably should believe, that the other person will regard the contact as offensive or provocative. Touching someone can meet this test even without an injury.

The mental-state words matter. Intentionally, knowingly, and recklessly describe the person’s state of mind. A reckless bodily-injury charge requires a different state of mind than an intentional one, so this part of any review is important.

Misdemeanor or Felony: How a 22.01 Charge Is Classified

A 22.01 charge can be a misdemeanor or a felony. The level turns on the subsection and the facts alleged.

A bodily-injury charge under subsection (a)(1) is a Class A misdemeanor under § 22.01(b). Texas Penal Code § 22.01 reads: “(b) An offense under Subsection (a)(1) is a Class A misdemeanor, except that the offense is a felony of the third degree if the offense is committed against.” The statute raises some versions to a third-degree felony.

Threat and offensive-contact charges fall at a lower level. Texas law generally classifies assault by threat, and assault by offensive or provocative physical contact, as a Class C misdemeanor, although the assault statute lists specific circumstances that raise the charge to a higher-level misdemeanor or to a felony. One exception, among others, is contact under (a)(3) against an elderly or disabled individual, as defined in Section 22.04. That version is a Class A misdemeanor.

Why does the label matter? The class sets the range of punishment. A third-degree felony can mean imprisonment in the Texas Department of Criminal Justice. A Class A misdemeanor carries confinement in jail, as the next section explains.

Penalty Ranges for an Assault Charge in Texas

The classification sets the penalty range, and those ranges are written into the Penal Code. A Class A misdemeanor carries a fine of up to $4,000, confinement in jail for up to one year, or both, under Penal Code § 12.21.

A third-degree felony carries imprisonment in the Texas Department of Criminal Justice for two to ten years. Under Penal Code § 12.34, a fine of up to $10,000 can be added.

Prior convictions can raise the stakes. Under Penal Code § 12.46, using a conviction for enhancement does not stop it from being used again for enhancement later.

Where a case lands inside these ranges turns on the facts, the classification, and any other charges filed together. Treat these numbers as legal limits, not a forecast. No honest lawyer can predict where a particular case will land.

How 22.01 Relates to Aggravated Assault and Family Violence

Aggravated assault adds an extra element to a basic assault. That element is serious bodily injury or a deadly weapon.

Under Penal Code § 22.02(a), a person commits aggravated assault by committing assault as defined in § 22.01 and either causing serious bodily injury or using or exhibiting a deadly weapon during the assault. Under § 22.02(b), aggravated assault is generally a second-degree felony. Under Section 22.02(a)(1), aggravated assault covers an assault that causes serious bodily injury, which Penal Code § 1.07(a)(46) defines as bodily 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.

Family violence is a separate definition. It also covers a threat that reasonably places a member in fear of imminent harm. The definition excludes defensive measures to protect oneself.

Family violence can change how a 22.01 charge is classified. Read the paperwork to see whether the state alleges a plain 22.01 charge, a family violence version, or aggravated assault.

Common Questions About 22.01 Charges

Short answers to common questions follow.

Talking With a Lawyer About a 22.01 Charge

Getting the facts in order is the practical first step after a 22.01 charge. Start with the charging papers, the dates, and the names of anyone involved. Write down what was said to police while you still remember it clearly.

Bring those papers to the conversation, so the lawyer can read the exact subsection alleged. Being charged is stressful, especially when the case involves a spouse, partner, or family member. You may worry about your job, your home, or your kids. Those worries are real, and you don’t have to sort them out alone.

Barbieri Law Firm in Frisco, Texas, defends aggravated assault and family violence cases. Heather Barbieri leads the firm. To talk about your situation, call (972) 424-1902 or send your case details through the contact page. Your first consultation is free, confidential, and comes with no obligation to continue.

Attorney responsible for this site: Heather Barbieri, Barbieri Law Firm, Frisco, Texas.