Texas
Assault vs Battery in Texas: Assault Classes, Felonies and Penalties
Independently fact-checked against primary sources (last audited October 14, 2026). · 6 primary sources cited on this page. How we verify our legal content
Texas does not have a separate crime called battery. Texas Penal Code 22.01 defines one offense, assault, that covers three kinds of conduct: causing bodily injury, threatening someone with imminent bodily injury, and causing physical contact the person knows or should reasonably believe the other will regard as offensive or provocative. Aggravated assault under Penal Code 22.02 adds serious bodily injury or a deadly weapon. Grades run from a Class C misdemeanor (a fine of up to $500) to a first-degree felony (5 to 99 years or life). For other states, see our guide to assault and battery laws by state.
Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers the Texas assault and aggravated assault statutes in Penal Code Chapter 22 (Assaultive Offenses), the definitions in Penal Code 1.07, the punishment ranges in Penal Code Chapter 12, and the civil filing period in Civil Practice and Remedies Code 16.003. It does not cover self-defense and justification (see Texas self-defense laws), protective orders (see Texas restraining order laws), sexual offenses, federal assault crimes (see the assault and battery hub) or city and county ordinances.
Assault vs. battery in Texas
In many states, assault means a threat or attempt and battery means the actual touching. Texas folds both ideas into one statute. Penal Code 22.01(a) says 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."
Chapter 22 of the Penal Code, titled Assaultive Offenses, contains assault (22.01), aggravated assault (22.02), injury to a child, elderly individual, or disabled individual (22.04), deadly conduct (22.05), and consent as a defense (22.06), among other sections. None of its sections is named battery. What other states call battery, an unwanted or offensive touching, is assault by contact under 22.01(a)(3) in Texas, and a touching that causes pain or injury is assault by bodily injury under 22.01(a)(1).
The difference matters because the three forms of assault carry very different grades. A threat or an offensive touching starts as a Class C misdemeanor, punishable by a fine only, while assault causing bodily injury starts as a Class A misdemeanor with up to a year in jail.
Note the mental states as well. Bodily-injury assault can be committed "intentionally, knowingly, or recklessly." Threat assault and contact assault require that the person act "intentionally or knowingly," so recklessness is not enough for those two forms.
Texas assault charges and penalties at a glance
| Offense | Statute | What it covers | Class | Statutory penalty range |
|---|---|---|---|---|
| Assault by offensive contact | Penal Code 22.01(a)(3), (c) | Intentionally or knowingly causing physical contact the person knows or should reasonably believe the other will regard as offensive or provocative | Class C misdemeanor (Class A against an elderly or disabled individual or against a pregnant individual to force an abortion; Class B against a sports participant) | Class C: fine up to $500 |
| Assault by threat | Penal Code 22.01(a)(2), (c) | Intentionally or knowingly threatening another with imminent bodily injury | Class C misdemeanor (Class B against a sports participant; Class A against a pregnant individual to force an abortion) | Class C: fine up to $500. Class B: up to 180 days in jail, a fine up to $2,000, or both |
| Assault causing bodily injury | Penal Code 22.01(a)(1), (b) | Intentionally, knowingly, or recklessly causing bodily injury to another | Class A misdemeanor | Up to 1 year in jail, a fine up to $4,000, or both |
| Assault causing bodily injury to a listed person | Penal Code 22.01(b)(1), (b)(3)-(10) | Bodily injury to a public servant on duty, a government contractor or contractor's employee providing services in a correctional or juvenile facility, security officer, emergency services personnel, process server, pregnant individual, hospital personnel on hospital property, or utility employee or agent, as the statute words each class | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Family violence assault with a prior conviction, or by impeding breathing | Penal Code 22.01(b)(2) | Bodily injury to a person in a relationship described in the listed Family Code sections, with a qualifying prior conviction, or by impeding breathing or blood circulation | Third-degree felony | 2 to 10 years in prison and a fine up to $10,000 |
| Family violence assault with a prior conviction and impeding breathing | Penal Code 22.01(b-3) | All three conditions in (b-3) together | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
| Assault causing bodily injury to a peace officer or judge | Penal Code 22.01(b-2) | Bodily injury to a person the actor knows is a peace officer or judge lawfully discharging an official duty, or in retaliation | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
| Aggravated assault | Penal Code 22.02(a), (b) | Committing assault and causing serious bodily injury, or using or exhibiting a deadly weapon during the assault | Second-degree felony | 2 to 20 years in prison and a fine up to $10,000 |
| Aggravated assault, first-degree grounds | Penal Code 22.02(b)(1)-(4) | Listed grounds, including a deadly weapon plus serious bodily injury to a family or household member, a public servant victim, witness retaliation, a drive-by shooting and a mass shooting | First-degree felony | 5 to 99 years or life in prison and a fine up to $10,000 |
The ranges in the last column come from the punishment sections in Penal Code Chapter 12: Class A misdemeanor (12.21), Class B misdemeanor (12.22), Class C misdemeanor (12.23), first-degree felony (12.32), second-degree felony (12.33) and third-degree felony (12.34). Each figure is a statutory maximum (or minimum and maximum), not a prediction of what a court will impose in a given case. For a Class A misdemeanor, for example, section 12.21 allows a fine not to exceed $4,000, jail for a term not to exceed one year, or both.
General enhancements in Penal Code Chapter 12 can raise these ranges. Section 12.50 increases the punishment for an assault under 22.01 committed in an area under a declared state of disaster or an emergency evacuation order (for a Class A misdemeanor, the minimum jail term becomes 180 days). A bias or prejudice finding under 12.47 moves an assault to the next higher category (for a Class A misdemeanor, it sets a 180-day minimum jail term instead; it does not apply to a first-degree felony). A finding that metal or body armor was used (12.503, effective September 1, 2025) moves a third- or second-degree felony assault to the next higher category. Prior convictions can raise the range under 12.42 and 12.43.
Is assault a felony in Texas?
Most simple assaults in Texas are misdemeanors. Assault becomes a felony in three main ways:
- The victim is in a protected class. Bodily-injury assault against a listed person is a third-degree felony under 22.01(b), and a second-degree felony against a peace officer or judge under 22.01(b-2).
- Family violence with aggravating facts. Bodily-injury assault against a family, household or dating partner covered by the statute is a third-degree felony with a qualifying prior conviction or when committed by impeding breathing or circulation, and a second-degree felony when both are present (22.01(b)(2), (b-3)).
- Aggravated assault. Any assault that causes serious bodily injury, or in which the person uses or exhibits a deadly weapon, is at least a second-degree felony under 22.02.
Section 22.01(b-4) adds one more route: bodily-injury assault is a third-degree felony if it is shown at trial that the actor committed it in the course of committing an offense under Penal Code 20.05(a)(2).
The lowest felony grade for assault is the third-degree felony, punishable under Penal Code 12.34 by 2 to 10 years in the Texas Department of Criminal Justice and a fine of up to $10,000.
Simple vs. aggravated assault in Texas
Texas law does not use the phrase "simple assault," but people commonly use it for an assault under 22.01 that is not aggravated. Aggravated assault under 22.02(a) requires that the person commit assault as defined in 22.01 and either:
"(1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault."
Because assault includes a threat under 22.01(a)(2), and the deadly-weapon ground covers a person who "uses or exhibits" a deadly weapon, the statute's text reaches a threat made while displaying a deadly weapon, with no physical contact. An offense under 22.02 is a second-degree felony unless one of the first-degree grounds in 22.02(b) applies.
First-degree aggravated assault
Section 22.02(b) makes aggravated assault a first-degree felony in listed situations, including when:
- the actor uses a deadly weapon and causes serious bodily injury to a person in a relationship described in the listed Family Code sections, or causes "a traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible paralysis";
- the offense is committed by a public servant acting under color of the servant's office or employment;
- the offense is committed against a person the actor knows is a public servant lawfully discharging an official duty, or in retaliation for an official act;
- the offense is committed in retaliation against or on account of another person's service as a witness, prospective witness, informant, or person who reported a crime;
- the offense is committed against a person the actor knows is a process server or security officer performing a duty;
- the actor is inside of or directly en route to or from a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle, 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; or
- the actor commits the assault as part of a mass shooting.
A first-degree felony is punishable under Penal Code 12.32 by life or a term of 5 to 99 years, plus a fine of up to $10,000.
Definitions that decide the grade
Three definitions in Penal Code 1.07 control where a Texas assault falls.
Bodily injury (1.07(a)(8)): "physical pain, illness, or any impairment of physical condition."
Because physical pain alone qualifies, an assault that leaves no visible mark can still be bodily-injury assault, a Class A misdemeanor.
Serious bodily injury (1.07(a)(46)): "bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ."
Serious bodily injury is what turns an assault into aggravated assault under 22.02(a)(1).
Deadly weapon (1.07(a)(17)): "(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury."
Part (B) of that definition depends on how an object is used or intended to be used, not on what the object is, so an item that is not a weapon by design can still be a deadly weapon under the statute.
Assaulting a police officer, nurse, security guard or sports official in Texas
Texas raises the grade of assault when the victim falls into a class listed in 22.01. The knowledge requirement matters: for most classes the statute applies to a person "the actor knows" is in that role.
| Protected person (statute wording) | Effect | Statute |
|---|---|---|
| Public servant lawfully discharging an official duty, or in retaliation for an official act | Bodily-injury assault: third-degree felony. Aggravated assault: first-degree felony | 22.01(b)(1); 22.02(b)(2)(B) |
| A person who contracts with government to perform a service in a correctional or juvenile facility, or that person's employee, while performing the contracted service or in retaliation for it | Bodily-injury assault: third-degree felony | 22.01(b)(3) |
| Peace officer or judge lawfully discharging an official duty, or in retaliation | Bodily-injury assault: second-degree felony | 22.01(b-2) |
| Security officer performing a duty as a security officer | Bodily-injury assault: third-degree felony. Aggravated assault: first-degree felony | 22.01(b)(4); 22.02(b)(2)(E) |
| Emergency services personnel providing emergency services | Bodily-injury assault: third-degree felony | 22.01(b)(5) |
| Process server performing a duty as a process server | Bodily-injury assault: third-degree felony. Aggravated assault: first-degree felony | 22.01(b)(6); 22.02(b)(2)(D) |
| A person the actor knows is pregnant, or a pregnant individual assaulted to force an abortion | Bodily-injury assault: third-degree felony | 22.01(b)(7), (8) |
| Hospital personnel located on hospital property | Bodily-injury assault: third-degree felony | 22.01(b)(9) |
| Employee or agent of a utility performing a duty within the scope of that employment or agency | Bodily-injury assault: third-degree felony | 22.01(b)(10) |
| Sports participant, assaulted by a non-participant while performing duties or in retaliation | Threat or contact assault: Class B misdemeanor | 22.01(c)(2) |
| Elderly individual or disabled individual (as defined in 22.04) | Contact assault: Class A misdemeanor | 22.01(c)(1) |
Who counts. Section 22.01(e)(1) says "emergency services personnel" includes firefighters, emergency medical services personnel, emergency room personnel, and other people who, as employees or volunteers, provide services for the general public during emergencies. "Hospital personnel" under 22.01(e)(1-a) includes nurses, physicians, physician assistants, maintenance or janitorial staff, receptionists, and others who work in a licensed general or special hospital, including a state hospital. For the hospital class, (b)(9) covers personnel "while the person is located on hospital property, including all land and buildings owned or leased by the hospital."
A "sports participant" under 22.01(e)(4) is a person who participates in any official capacity in an interscholastic, intercollegiate, or other organized amateur or professional athletic competition, and the definition includes an athlete, referee, umpire, linesman, coach, instructor, administrator, or staff member.
Uniforms and badges. Under 22.01(d), the actor is presumed to have known the person assaulted was a public servant, a security officer, an employee or agent of a utility, or emergency services personnel "if the person was wearing a distinctive uniform or badge indicating the person's employment, agency, or status."
Civil commitment facilities. Under 22.01(b-1), any assault under 22.01(a), including a threat or offensive contact, is a third-degree felony when committed by a person committed to a civil commitment facility against a person the actor knows is an officer or employee of the Texas Civil Commitment Office, or a person contracting with the state to perform a service in a civil commitment facility or that person's employee, while on duty or in retaliation.
Bodily fluids. Separately, Penal Code 22.11 makes it a third-degree felony, with intent to assault, harass, annoy, alarm, abuse, torment, or embarrass, to cause a person the actor knows is a public servant to contact blood, saliva, urine, feces or another bodily fluid while the public servant is lawfully discharging an official duty or in retaliation.
Teachers and other school employees are not named as a separate class in 22.01 or 22.02. However, Penal Code 1.07 defines a public servant to include an employee of government, and government includes a political subdivision of the state, so an employee of a public school district can fall under the public-servant provisions in 22.01(b)(1) and 22.02(b)(2)(B).
Domestic assault (family violence) in Texas
Texas has no separate domestic battery statute. A family violence assault is charged under 22.01, and the relationship between the people involved changes the grade. The statute reaches a person "whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code." Those Family Code sections define the covered dating, family and household relationships; this page does not restate their terms.
A bodily-injury assault in that setting is a Class A misdemeanor by default. Under 22.01(b)(2) it becomes a third-degree felony if either:
- it is shown at trial that the defendant has a prior conviction for an offense committed against a person in one of those relationships under Penal Code Chapter 22, Chapter 19, or Section 20.03, 20.04, 21.11, or 25.11, among the other offenses the statute lists; 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."
Under 22.01(b-3), the offense is a second-degree felony when all three conditions are present: the relationship, a qualifying prior conviction, and impeding breathing or circulation.
Protective orders are a civil process separate from the criminal charge. For how they work, see Texas restraining order laws.
Injury to a child, elderly or disabled individual
Texas handles injury to young children and to elderly or disabled people under a separate offense, Penal Code 22.04. It applies to a person who intentionally, knowingly, recklessly, or with criminal negligence, by act (or intentionally, knowingly, or recklessly by omission), causes to a child, elderly individual, or disabled individual serious bodily injury; serious mental deficiency, impairment, or injury; or bodily injury. For this section, "child" means "a person 14 years of age or younger." Its grading provisions are in section 22.04 itself and are not summarized here.
Consent as a defense under Penal Code 22.06
Section 22.06(a) makes the victim's effective consent, or the actor's reasonable belief that the victim consented, a defense to prosecution for assault, aggravated assault, or deadly conduct if "(1) the conduct did not threaten or inflict serious bodily injury; or (2) the victim knew the conduct was a risk of: (A) his occupation; (B) recognized medical treatment; or (C) a scientific experiment conducted by recognized methods." Under 22.06(b), the defense does not apply to an offense committed as a condition of initiation into, or continued membership in, a criminal street gang. Whether that defense applies to particular facts is a question for a Texas criminal defense lawyer.
Recent changes to Texas assault law
Recent amendments to Penal Code Chapter 22 include these, effective September 1 of the year passed unless noted:
- 2025: S.B. 482 (89th Legislature) added employees and agents of a utility to the third-degree felony list in 22.01(b)(10). S.B. 3031 amended the punishment provisions of 22.02; in the drive-by shooting ground, the injury element changed from serious bodily injury to bodily injury. S.B. 1610 amended 22.01 and 22.02 for assaults by persons committed to a civil commitment facility.
- 2023: S.B. 840 (88th Legislature) increased the penalty for assault of hospital personnel, now 22.01(b)(9). H.B. 1589 increased the penalty for certain family violence assaults. H.B. 165 addressed aggravated assault committed as part of a mass shooting, now 22.02(b)(4). H.B. 28 added the first-degree ground for a deadly-weapon assault causing a traumatic brain or spine injury that results in a persistent vegetative state or irreversible paralysis. S.B. 4 (88th Legislature, 3rd called session, effective February 6, 2024) added 22.01(b-4).
- 2021: H.B. 1306 (87th Legislature) added process servers to 22.01 and 22.02.
Civil lawsuits for assault in Texas
A criminal assault case and a civil lawsuit for money damages are separate. The state brings the criminal case, while the injured person may bring a civil claim for damages.
Texas Civil Practice and Remedies Code 16.003(a) requires a suit for "personal injury" to be brought "not later than two years after the day the cause of action accrues," subject to the exceptions it lists. The section does not name assault or battery separately, and section 16.002, the one-year provision, lists malicious prosecution, libel, slander and breach of promise of marriage but not assault. For other filing deadlines, see the Texas statute of limitations guide.
Related legal issues
- Self-defense. Justification is a separate topic; see Texas self-defense laws.
- Protective orders. See Texas restraining order laws.
- Clearing a record. Whether an assault arrest or charge can be expunged or sealed is covered in Texas expungement laws.
Related pages
- Assault and battery laws by state
- Texas self-defense laws
- Texas restraining order laws
- Texas expungement laws
- Texas statute of limitations
This article provides general legal information about Texas assault law, not legal advice. Laws change and their application depends on specific facts. For advice about a specific situation, contact a lawyer licensed in Texas.
Last updated: 2026-10-13.
Frequently Asked Questions
Is there a difference between assault and battery in Texas?
Texas has no separate battery offense. Penal Code 22.01 calls all three forms assault: causing bodily injury, threatening imminent bodily injury, and offensive or provocative physical contact.
Is assault a misdemeanor or a felony in Texas?
Most assaults are misdemeanors: Class C for threats or offensive contact and Class A for bodily injury. Assault is a felony when the victim is in a listed protected class, in certain family violence cases, or when it is aggravated assault under Penal Code 22.02.
What is the penalty for Class A assault in Texas?
Assault causing bodily injury is a Class A misdemeanor, punishable under Penal Code 12.21 by a fine of up to $4,000, jail for up to one year, or both.
What makes an assault aggravated in Texas?
Under Penal Code 22.02(a), an assault is aggravated if the person causes serious bodily injury or uses or exhibits a deadly weapon during the assault. It is a second-degree felony, or first-degree in the cases listed in 22.02(b).
What happens if you assault a police officer in Texas?
Assault causing bodily injury to a person the actor knows is a peace officer or judge lawfully discharging an official duty, or in retaliation, is a second-degree felony under Penal Code 22.01(b-2), punishable by 2 to 20 years and a fine of up to $10,000.
Is assaulting a nurse or hospital worker a felony in Texas?
Yes, when it causes bodily injury and the actor knows the person is hospital personnel while on hospital property. Penal Code 22.01(b)(9) makes it a third-degree felony, and hospital personnel include nurses, physicians, physician assistants, maintenance staff and receptionists.
Is touching someone without consent assault in Texas?
It can be. Penal Code 22.01(a)(3) covers intentionally or knowingly causing physical contact when the person knows or should reasonably believe the other will regard it as offensive or provocative. It is a Class C misdemeanor unless an enhancement in 22.01(c) applies.
Is choking someone a felony in Texas?
Bodily-injury assault on a person in a covered family, household or dating relationship, committed by impeding breathing or blood circulation through pressure to the throat or neck or by blocking the nose or mouth, is a third-degree felony under Penal Code 22.01(b)(2)(B).
How long do you have to sue for assault in Texas?
Civil Practice and Remedies Code 16.003(a) sets two years from the day the cause of action accrues for a personal injury suit. The section does not name assault separately.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Penal Code
§ 22.01ASSAULTIn force
(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. (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: (1) 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; (2) a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, if: (A) it is shown on the trial of the offense that the defendant has been previously convicted of an offense that was committed: (i) against a person whose relationship to or association with the…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 22.02AGGRAVATED ASSAULTIn force
(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person: (1) causes serious bodily injury to another, including the person's spouse; or (2) uses or exhibits a deadly weapon during the commission of the assault. (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if: (1) the actor uses a deadly weapon during the commission of the assault and causes: (A) serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or (B) a traumatic brain or spine injury to another that results in a persistent vegetative state or irreversible paralysis; (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed: (A) by a public servant acting under color of the servant's office or employment; (B) 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…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
§ 1.07DEFINITIONSIn forcecited in 4 of our articles
(a) In this code: (1) "Act" means a bodily movement, whether voluntary or involuntary, and includes speech. (2) "Actor" means a person whose criminal responsibility is in issue in a criminal action. Whenever the term "suspect" is used in this code, it means "actor." (3) "Agency" includes authority, board, bureau, commission, committee, council, department, district, division, and office. (4) "Alcoholic beverage" has the meaning assigned by Section 1.04, Alcoholic Beverage Code. (5) "Another" means a person other than the actor. (6) "Association" means a government or governmental subdivision or agency, trust, partnership, or two or more persons having a joint or common economic interest. (7) "Benefit" means anything reasonably regarded as economic gain or advantage, including benefit to any other person in whose welfare the beneficiary is interested. (8) "Bodily injury" means physical pain, illness, or any impairment of physical condition.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 1,805 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Grotti v. State (Court of Criminal Appeals of Texas 2008, 273 S.W.3d 273)“…an individual as “a human being who has been and is alive.” Tex. Penal Code § 1.07(a)(26). Death, however, is defined in t…”
- Lane v. State (Court of Criminal Appeals of Texas 2004, 151 S.W.3d 188)“…or review. As we noted in footnote two, supra, Texas Penal Code § 1.07(a)(17) provides, in relevant part, that…”
- Banda v. State (Court of Criminal Appeals of Texas 1994, 890 S.W.2d 42)“…may endanger himself or another. Id. (Emphasis added.) Tex.Penal Code Ann. § 1.07(a)(40) [3] defines "public place": "…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pepper Spray and Stun Gun Laws by State (2026), Texas Pepper Spray and Stun Gun Laws (2026), Texas Hit and Run Laws: Penalties and What to Do
§ 12.21CLASS A MISDEMEANORIn force
An individual adjudged guilty of a Class A misdemeanor shall be punished by: (1) a fine not to exceed $4,000; (2) confinement in jail for a term not to exceed one year; or (3) both such fine and confinement.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- Texas Penal Code ch. 22, Assaultive Offenses (22.01 Assault; 22.02 Aggravated Assault; 22.04; 22.06; 22.11)(statutes.capitol.texas.gov).gov
- Texas Penal Code 1.07, Definitions (bodily injury, serious bodily injury, deadly weapon, government, public servant)(statutes.capitol.texas.gov).gov
- Texas Penal Code ch. 12, Punishments (12.21-12.23 misdemeanors; 12.32-12.34 felonies; 12.42, 12.43, 12.47, 12.50, 12.503)(statutes.capitol.texas.gov).gov
- Texas Civil Practice and Remedies Code ch. 16, Limitations (16.002, 16.003)(statutes.capitol.texas.gov).gov
- Texas S.B. 4, 88th Legislature, 3rd Called Session (enrolled), adding Penal Code 22.01(b-4)(capitol.texas.gov).gov
- Texas H.B. 28, 88th Legislature (enrolled), aggravated assault causing traumatic brain or spine injury(capitol.texas.gov).gov
Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.