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Assaultive offenses

Summary of the topic

Chapter 22 of the Penal Code covers much of what an officer meets on patrol. Section 22.01 splits assault into three separate ways of committing it, and each carries its own default grade, so the first question at any scene is which of the three the conduct falls into. Section 22.02 takes an assault and adds one of two aggravating facts, and sections 22.05 and 22.07 reach conduct that endangers or frightens without any injury. Most grading questions turn on a definition in section 1.07.

Section 22.01(a)(1) is intentionally, knowingly or recklessly causing bodily injury to another, including the person's spouse. Subsection (a)(2) is intentionally or knowingly threatening another with imminent bodily injury. Subsection (a)(3) is intentionally or knowingly causing physical contact with another when the actor knows or should reasonably believe the other will regard it as offensive or provocative. An offense under (a)(1) is a Class A misdemeanor, and an offense under (a)(2) or (a)(3) is a Class C misdemeanor, so the limb decides the grade before any enhancement.

Assault under (a)(1) rises to a third degree felony when it is committed against a person the actor knows to be a public servant lawfully discharging an official duty. Family violence has two independent routes to a third degree felony. One is a qualifying previous conviction. The other is impeding the normal breathing or circulation of a family member, household member or dating partner by pressure on the throat or neck or by blocking the nose or mouth, which needs no previous conviction. Where the actor has a qualifying previous conviction and impedes breathing or circulation, the offense is a second degree felony, as it is where the victim is a peace officer or a judge discharging an official duty.

Section 22.02 makes an assault aggravated when the actor causes serious bodily injury or uses or exhibits a deadly weapon during the assault, and aggravated assault is a second degree felony by default. It becomes a first degree felony in defined circumstances, including an assault against a public servant lawfully discharging an official duty.

Section 1.07 supplies the definitions that decide most of the grading. Bodily injury is physical pain, illness or any impairment of physical condition. Serious bodily injury is injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of a bodily member or organ. A deadly weapon is a firearm, anything manifestly designed, made or adapted for inflicting death or serious bodily injury, or anything capable of causing either in the manner of its use or intended use.

Section 22.05 makes it an offense to recklessly place another in imminent danger of serious bodily injury, a Class A misdemeanor that becomes a third degree felony where a firearm is knowingly discharged at or in the direction of a person. Section 22.07 makes it an offense to threaten violence with one of six listed intents, and the grade follows the intent proved.

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