In some jurisdictions felony assault and aggravated assault are commonly used to distinguish the crime from a simple misdemeanor. Simple assault is an attempt to commit battery on another individual. In Texas, felony assault and aggravated assault are considered to be separate crimes. 

What is Felony Assault in Texas?

A felony assault occurs when the defendant assaults a person:

  • Knowing the victim is a public servant acting in their official job duty;
  • Knowing they are a family member;
  • Knowing they are a police officer, security guard, or first responder while performing their duties 

A felony assault conviction is a third degree felony. It’s punishable by 2 to 10 years in prison and/or a fine of up to $10,000. 

What is Aggravated Assault in Texas?

Aggravated assault in Texas occur when a person:

  • Caused serious bodily harm to another individual, including the person’s spouse; or
  • Showed or used a deadly weapon during an assault. 

What is the Punishment for Second Degree Aggravated Assault?

A conviction of aggravated assault as a second degree felony is punishable by 2 to 20 years in prison and/or a fine of up to $20,000. 

When can Aggravated Assault become a First Degree Felony in Texas?

Aggravated assault becomes a first degree felony when the victim was:

  • A public servant that was acting in the course of their duties;
  • A family member;
  • An informant;
  • A security guard that was acting in the course of their duties;
  • A driver/passenger in a car; or
  • A witness to a crime.

What’s the Punishment for First Degree Felony Aggravated Assault?

A defendant convicted of aggravated assault as a first degree felony can face 5 to 99 years in prison and/or a fine of up to $10,000.

Should I Contact a Lawyer?

Yes, if you’re charged with aggravated assault, contact a criminal defense lawyer in Texas immediately.