Definition of Assault - Texas Penal Code

§ 22.01. ASSAULT.

 (a) A person commits an offense if the person:      

 (1) intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;

 (2) intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

 (3) 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.

Trackbacks (0) Links to blogs that reference this article Trackback URL
http://blog.austindefense.com/admin/trackback/12999
Comments (39) Read through and enter the discussion with the form at the end
ANGEL LOERA - March 27, 2008 7:57 PM

I HAVE A QUESTION IN LIVE IN BIGSPRING,TX.79720 MY SON WAS AUSSALTED SOMEONE WHO HE THOUGHT WAS HIS FRIEND CAME TO THE DOOR OF OUR HOUSE AND CALLED HIM OUT TO A CAR WHERE 4 OTHER BOYS WERE WAITTING, TOLD MY SON THAT SOME OTHER BOY WANTTED TO TALK TO HIM,SO MY SON WENT OUT THERE AND AT THAT THEY WERE PARKED IN FRONT OF MY NEIGHBORS HOUSE, NOT IN FRONT OF OUR HOUSE WELL THE BOY WAITTING BY THE CAR TOLD MY SON HE HEARD HE WAS TALKING ABOUT HIS BROTHER AND TOLD MY SON HE WAS GOING TO FIGHT HIM MY SON TOLD HIM HE WAS NOT GOING TO FIGHT AND THE OTHER KID CAME AT HIM STARTED HITTING HIM SO MY SON DEFENDED HISELF, AND NEIGHBORS CAME OUT AND STOPPED THEM BECAUSE THE OTHER BOYS WERE ABOUT TO GANG UP ON HIM. SO I CALLED THE COPS HERE AND THEY SAID WE COULD NOT PRESS CHARGES BECAUSE MY SON HIT BACK.

donny wirth - April 8, 2008 10:21 AM

hello i have a question i live in Alvarado Tx 76009.yesterday i was walking with my g/f and a 18y/o black male came out frm aroud the corner and stared sayin u hit my cousin..my g/f and i looked at him i thought he was talking to her but he was talking to me so this kid hit me in the head i said i didnt hit ur cousin and he yelled back yes u did. i put my hands palm open and said no i didnt listen to me and he hit me again so now i grabed him and put him on the ground and said i didnt hit your cousn he still tryed to fight so we got up and i hit him twice and he stummbled back i backed up and tryed to leave but he came back from behinde this time so i hit him once in the face then in the stomach then elboewd him in the face the hit him again he stumbled around so i tackled him and hit him ove and over in the face and bye this time the cops showed up and he picked up his shirt an my ring wich was on the gound because it had fallen off and ran...im not sure what i haveto do but i told the cops and they said that it wasmy fault and tryed to arrest me so i ran but stoped when i saw anther officer wich i knew then he put hand cufs on me and took me to th polic station...were i wrote a report. and they gave me a case #.. can anyone tell me what i can do my family wasnts to press charges and i want my ring back it was a expensive ring what can i do please email me at donnyfrmwhitney123@yahoo.com

thanks

scott - April 9, 2008 3:42 PM

My question is this. If a person was convicted of asault in 1970 would this proclude them from owning a firearm. Even if the conviction was a misdemenor?

TRG - April 13, 2008 2:37 PM

If a spouse (who of coarse works for an attorney)goes and files an assualt causing bodily injury with a emer.prot.order 2 days after an argument in which she blacked my eye,no cops were called to our home at the time of the arguement and of coarse she has no evidence, cause i didn't assault her she only has her convincing story.I was picked up at my job 3wks later.I am on 16 years of parole so of course i am held on a 200,000 bond for this assault charge (only a class a misd.)the courts want for me to accept a 200 day jail plea which didn't start till 5 months after i was arrested and have already been sent to tdc on parole viol. and been incarcerated from 8/07-current well over the 200days but the time didn't count until 02/08 what happened to the 5 months makes no sense. i am up for parole this month and this charge is still pending.But in the meantime while the protective order is enforced and mind u i am incarcerated she is writing letters and visiting me.I cant go within so many ft.of her or i can be arrested but she can write and visit me? Wouldn't that be her in violation of her own order? i don't understand that shouldn't the so called victims want to stay away from the abuser as well? and if they were really harmed then why would they corspond with the "so called abuser" doesn't that say something about her. Mostly i don't want to plead guilty to something i really didn't do but will any court see the reasoning that she is not a victom here vindictive yes but a victim no, and is there a possibiliy it could be dismissed? I will have to go and set in the county when released from tdc and wait to get a court date if i want to get legal help and plead not guilty but really what are my chances due to my past criminal history no ass.charges on it just stupidity things i was guilty of, but not this time. what should i do? or what advise would you give to a man that is now divorced from her( thank God) but she works for this attorney and I feel that she knows i just want to come home and thinks i'll take the 200 days, so she isn't worried about having to possibly provide evidence and the results not going her way. please what your opinion? thank you for your time it could really help me to not have to be in tdc any longer than i am or possibly make another mistake from lack of legal advise.

Olga - July 15, 2008 1:33 AM

Is a grown man(40s I suspect, maybe 50 & > 250#) chest shoving an 18 y/o 120 #, girl after a car accident considered assault? Both had witness
Girl rear-ended.Should I(parent)seek legal counsel?

joe - August 23, 2008 6:26 PM

Heres the story, my friend was at a girls house that he randomly met and her ex boyfriend came into the house and punched my friend in the nose, breaking his nose. The police were called but they couldn't find the ex boyfriend. Can my friend still press charges even though they couldn't find the ex boyfriend? Would he be charged with a felony or misdeameanor?

Charles Mace - October 27, 2008 10:32 PM

If a elder man or woman is hit by a younger person,and the elder man or woman is age 55, is that considered to be elderly?If so what laws apply?

Dean - November 24, 2008 9:52 AM

Is internal ear damage (such as injury to the cochlea) considered bodily injury?

NotaLawyer - January 27, 2009 9:06 PM

Dean, I think the question is was it assault?

TRG, you need a good lawyer.

SHERETTA JONES - March 2, 2009 10:17 AM

HELLO THIS IS MY STORY IF ANYONE COULD HELP FRIDAY 2/27/09 ME,MY COUSIN AND A FRIEND WAS ASSAULT AT A CLUB IN DOWNTOWN HOUSTON 213 MILAM HOUSTON, TEXAS 77002 (713)221-5483 THE BOUNCER WAS CHOKING MY FRIEND,GRABBING MY COUSIN HAIR AND HAD MY ARM TWISTED BACKWARDS HURTING MY ARM. WE LEFT THE CLUB WITH MARKS AND SCRACTHES.WE WERE DISRESPECTED AND TREATED WRONG. IF ANYONE COULD HELP US PLEASE CALL ME @ (832)681-0534 THANKS

Mark Aboula - April 8, 2009 9:12 PM

How long do i have to press an assault charge?.This girl came up to me scratching my hand and arms leaving one scar and punching me in the chest at school and two cops a principle and my freinds were all witnesses of this crazy chick. It's been around 2months can still press the charges?

michael - April 10, 2009 1:13 PM

ok so me and my roommate got in an argument and we started yelling at each other and i was standing up and he was sitting in his bed, after yelling and exchanging words for a while he said F u and threw his comforter off and jumped out of the bed at me like he was going to hit me so i moved and hit him in the face and then he fell and i got on top of him hitting him and we wrestled for a bit and i got him in a head lock from behind and held it for a little bit then let go and i said are you done and that time hit came up with and elbow and hit me in the chest. and made me off balance and i started to fall to the ground as he came at me and i threw one last punch and hit him in the jaw and i hit the ground on my back then he fell on the bed and i got up and he keep running his mouth so i was leaving and i was looking for my laptop and thats when he started running his mouth again and then he left.......now he is trying to press charges and i have 3 witness that saw the whole thing of him coming at me. so i am not really worrying about

Connie Davis - August 18, 2009 3:10 PM

I got charged with Assult F/V last August, and am coming to an end of my deferred adjudifaction . I am currently in college for major in criminal justice. I was told when I went to court that if I did everything to a tee, It wouldn't affect my career. THEY LIED!! Come to find out, I can not carry a gun, and not work for the police department until I get this crap expunged from my record. And I have to write this person and that person for my gun rights back, is there an easier process to this, or is this the only way. If so, does anyone know about how long it takes for all this to go into effect, so I can continue with my goals!! Thanks Connie Davis
ConnieD_85@yahoo.com

matty - November 30, 2009 1:34 PM

i was at a red light at a major intersection at around 2:00am.this guy pulled me out of the car for no reason and drug me over an entire lane by his car i tried to get up and push him off of me and his girlfriend was hitting me when i finaly broke free he said that i was the wrong guy and this guy out weighs me by at least 50lbs.now the cops showed up and i got a citation that says assult by contact.now what does that mean even though i was deffending myself by pushing him off.NOT hitting him

Anthony - December 13, 2009 10:52 PM

I was assaulted after work by a co worker he punched me in my right eye and it is swollen. I pressed charges do I have a case?

sheila - December 18, 2009 8:50 PM

I ave a question my 17 year old son was assaulted by a 19 yearold who had started talking mess to my son on myspace and this was all over a girl who my son didn't even like but she had told her boyfriend that my son was asking her out. Then he gave my son his phone number and my son called the number and the boy told my son that he was going to fight him and my son told the boy I'm not scared. when the guy came to our house he had several friends with him and during the assault he had slammed my sons head into a truck and got his hands around my sons neck and my son was unconcious when they pulled the other guy off my son and when the police came they said if they charged the other guy with assault they would have to file assault on my son even though my son never threw a punch to defend himself, my son ended up in the emergency room and he missed school the next day and I was trying to find out what my legal options are cause I want this man prosecuted

audie goodwin - January 22, 2010 1:49 AM

3 days ago a friend of mine came over to my house with this guy Dee Anderson first time i ever meet the man.this man was stuttering and talking in circles ask me all kinds of off wall questions(wieder me out).Wanted to know if i was scared of anything of course me being who i am said nothing on 2 feet my friend so what your point man then ask if i could get him any drugs!At that time i told him to get out of my house.man turned around and made comment (let me tell you something ) i advise him again to leave my home,but when he turned i reached for a knife cause man was lager than me and i only have one good arm.So now man is leaving the door and in my yard,he yells out i be back,my girlfriend has four boys and couldnt let them be in danger later so i jump out the door and told man(Dee Anderson) no dont come back we are here now.He leaves.I turned and called my girl and told her to meet me at a friends when she got off work i would explain it then.Well was on my way to get a pack with my friend and noticed all the laws at court house(Throckmorton texas) and that guys truck there to couldnt imagain what for.Well about 1 hour later cops show up at my friends house and aresst me on agg assult with deadly weopon,i never even touched the chicken (well you know)i went to jail for over 41 hours with this agg assult on me with a 7500 bond,when i asked the deputy sherrif thought you had to touch someone for it to be assult he said no i think that is BS now out on bond for making a man leave my own home and asked him serval times how can they charge me with agg assult if i never touched him and even in my own home.This town i live in Throckmorton Texas has their own laws can anyone give me advise on how this can be?if so e-mail at bodirk17@yahoo.com i feel as if i may have one hell of a law suit can someone please help me needless to say i have been threating by this deputy Ricky Hodges before and made a complaint but nothing has ever happen so scared something might happen to me and nobody will ever know .So remember if ever in Throckmorton Texas watch you ass cops here make their own ways needless to say cops wife has stollen money fron our county seat and they still have a good name son is also a cop and had some problems in Breakenridge Texas so watch you rearend in this part of the woods

melanie - February 24, 2010 3:50 PM

Last night the man I have been dating was real drunk and we got into an argument then he shoved me pulled my hair and hit me in the face. Thank God my room-mate was home and he threw him out. Then my roomie called the police. they took pictures and asked a lot of questions. I said I didn't want to press charges because I want it to be over and I am not scared he will return. My question is can or will the state file charges against him/

melanie - February 24, 2010 3:50 PM

Last night the man I have been dating was real drunk and we got into an argument then he shoved me pulled my hair and hit me in the face. Thank God my room-mate was home and he threw him out. Then my roomie called the police. they took pictures and asked a lot of questions. I said I didn't want to press charges because I want it to be over and I am not scared he will return. My question is can or will the state file charges against him?

Barbara Cooper - March 7, 2010 12:42 PM

What is the penalty for an assult to a woman over 65 yrs of age?

Doc - March 9, 2010 8:33 AM

Why haven’t any of these questions been answered yet?

Doc - March 9, 2010 8:36 AM

its my fucking birthday and im on the verge of beating a minor about the face and mouth with a baseball bat.

Doc - March 9, 2010 8:39 AM

not really but fuckin-ay. i feel like we need better faster responses to people who seem to be confessing crimes before they happen.

Nia Brown - April 1, 2010 3:38 PM

I'm a C.N.A but when I was nineteen years old I was dating this older guy. We were at his house and I wanted to leave. I told him to take me home and he wouldn't so I picked up a metal candle holder and threatened to shatter a glass kitchen stand (which belong to me,stupid I know) but the kitchen stand matched is table and he cared more about the stand than I did (obviously). He refused to take me home, because he didn't want me partying, I shattered the glass every where and the shards cut us both on the legs. He charged at me and straddled me like a football player so I yanked out his hair. He was getting to angry so I called the cops but when they arrived they charged me with assault by contact. He payed for my tickets and also wrote a letter to the judge saying it was a lover quarrel/spat. I just want to know it that would keep me from working as a C.N.A?

Nia Brown - April 1, 2010 3:39 PM

oh contact me at browntrevenia@yahoo.com

Suzanne Fisher - April 17, 2010 8:48 AM

Serious Bodily Injury -- my son suffered a broke nose and mild concussion while assaulted at school, does this constitute serious bodily injury or just bodily injury?

Suzanne Fisher - April 17, 2010 8:49 AM

Serious Bodily Injury -- my son suffered a broke nose and mild concussion while assaulted at school, does this constitute serious bodily injury or just bodily injury?

Eriliz - June 23, 2010 8:51 AM

If my husband tells me that he is going to take MY cell phone away from me and that he is going to destroy it is that considered assault??? I told him that if he tries I will call the cops and he just tells me that I can't Do anything about it ,,that he is my husband and he will do what ever HE wants...Plus the cops in my small town are his friends!! What can I do?????? Help....

Raquel - July 28, 2010 6:09 PM

If i walk up to a girl whom is over 18 yrs of age and hit her one good time would that be considered assault? I would like to know if the hit doesnt really cause much harm except to maybe their pride if its still considered,(there would be no repeated blows just the one)?

Victor - September 11, 2010 6:40 PM

How do I get an assault charge off my record after it was dismissed in court?

Darlene - December 26, 2010 11:34 PM

My son was in a car accident in which to other passengers were involved. Although it was determined that my son was at fault, the DPS video tape revealed that one of the passengers admitted to elbowing the driver in the face which we believe was the actual cause of the accident. My son has no memory of the accident due to the severe head injuries he sustained from the accident. My question is, can assault and/or civil suit be filed against the passenger that admitted to hitting the driver (which DPS determined to be my son) even though my son still has no memory of the accident?

charlene - March 17, 2011 9:14 PM

I went to my ex boyfriends to get my stuff after a break up. When I found out what he was doing I slapped him. Then he pushed me around and threatened me multple times. I tried to apologize and calm the the situation and he called the cops saying I wouldn't leave. Can I press charges?

matt - May 10, 2011 3:56 PM

how many morons are out there? My answer is- read any of the above messages to get your answer. If you people want a definition of assault just look it up online. Its that simple and include your state although the difintion is similar in all states. Unwanted physical contacted. Thanks for the entertainment though! Especially the "can I hit her just once time with no repeated blows!" unreal. Heres a good quote to finish with, "I see stupid people, I see them walking around and they dont even know they're stupid."

FRANK - May 28, 2011 2:03 PM

What is between Cruel words

threat to do physical harm?

cause an immediate fear of harm.
Cruel words from another person don't necessarily constitute a verbal threat under the law. The difference between a criminal act and a lack of courtesy are the specific violent nature of the threat and the creation of fear in the threatened person. The proper word for such a crime is "assault," which can be defined as an intended but unsuccessful battery or an act that creates the immediate apprehension of harm. The latter of these two includes a verbal threat

1.Physical Harm?

are either not physical or not specific enough to constitute a crime In State Texas

Capacity To Carry Out the Crime


1.Threatening Witnesses

Person Just Fears them selves Is not threat Or some one else told the story But it happen to me and i know that dee Anderson he arrested me twi times no reason.

FRANK - May 28, 2011 2:04 PM

What is between Cruel words

threat to do physical harm?

cause an immediate fear of harm.
Cruel words from another person don't necessarily constitute a verbal threat under the law. The difference between a criminal act and a lack of courtesy are the specific violent nature of the threat and the creation of fear in the threatened person. The proper word for such a crime is "assault," which can be defined as an intended but unsuccessful battery or an act that creates the immediate apprehension of harm. The latter of these two includes a verbal threat

1.Physical Harm?

are either not physical or not specific enough to constitute a crime In State Texas

Capacity To Carry Out the Crime


1.Threatening Witnesses

Person Just Fears them selves Is not threat Or some one else told the story But it happen to me and i know that dee Anderson he arrested me twi times no reason.

FRANK - May 28, 2011 2:04 PM

What is between Cruel words

threat to do physical harm?

cause an immediate fear of harm.
Cruel words from another person don't necessarily constitute a verbal threat under the law. The difference between a criminal act and a lack of courtesy are the specific violent nature of the threat and the creation of fear in the threatened person. The proper word for such a crime is "assault," which can be defined as an intended but unsuccessful battery or an act that creates the immediate apprehension of harm. The latter of these two includes a verbal threat

1.Physical Harm?

are either not physical or not specific enough to constitute a crime In State Texas

Capacity To Carry Out the Crime


1.Threatening Witnesses

Person Just Fears them selves Is not threat Or some one else told the story But it happen to me and i know that dee Anderson he arrested me twi times no reason.

FRANK - May 28, 2011 2:04 PM

What is between Cruel words

threat to do physical harm?

cause an immediate fear of harm.
Cruel words from another person don't necessarily constitute a verbal threat under the law. The difference between a criminal act and a lack of courtesy are the specific violent nature of the threat and the creation of fear in the threatened person. The proper word for such a crime is "assault," which can be defined as an intended but unsuccessful battery or an act that creates the immediate apprehension of harm. The latter of these two includes a verbal threat

1.Physical Harm?

are either not physical or not specific enough to constitute a crime In State Texas

Capacity To Carry Out the Crime


1.Threatening Witnesses

Person Just Fears them selves Is not threat Or some one else told the story But it happen to me and i know that dee Anderson he arrested me twi times no reason.

MAD MOM! - March 13, 2012 6:58 AM

What is the outcome of a 14/15 yr old humping a 16 yr old with no adult in a classroom, she was unaware,was on throw pillows in a study hall class fell asleep, and unwilling participant. There is a school report, and a police report. What is the law regarding this?

Val - November 2, 2012 7:19 AM

I have a supervisor at work that fails to alter her path when approaching me. A number of times after turning away to avoid contact some was still made. She repeatedly bumped the chair I sit it. If she does this intentionally, knowing that I find it offensive, is this considered assault?

Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?