Texas Codes

Tex. Penal Code § 22.02 (2026)

Aggravated Assault

✓ current as of May 2026

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Sec. 22.02. AGGRAVATED ASSAULT. (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 servant;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;

(D) against a person the actor knows is a process server while the person is performing a duty as a process server;

(E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(F) by an actor who is committed to a civil commitment facility, against:

(i) a person the actor knows is an officer or employee of the Texas Civil Commitment Office:

(a) while the officer or employee is lawfully discharging an official duty; or

(b) in retaliation for or on account of an exercise of official power or performance of an official duty by the officer or employee; or

(ii) a person the actor knows is contracting with the state to perform a service in a civil commitment facility or an employee of that person:

(a) while the person or employee is engaged in performing a service within the scope of the contract; or

(b) in retaliation for or on account of the person's or employee's performance of a service within the scope of the contract;

(3) the actor is inside of or directly en route to or from a motor vehicle, as defined by Section 501.002, Transportation Code, and:

(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or vehicle is occupied; and

(i) causes bodily injury to any person or damage to any property; or

(ii) places any person in fear of imminent serious bodily injury; or

(4) the actor commits the assault as part of a mass shooting.

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(c-1) The actor is presumed to have known the person assaulted was a person described by Subsection (b)(2)(F)(i) or (ii), as applicable, if the person was wearing a distinctive uniform or badge indicating the person's status as an officer or employee of the Texas Civil Commitment Office or a contractor or employee of a contractor performing a service in a civil commitment facility.

(d) In this section:

(1) "Process server" has the meaning assigned by Section 156.001, Government Code.

(2) "Security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1979, 66th Leg., p. 367, ch. 164, Sec. 2, eff. Sept. 1, 1979; Acts 1979, 66th Leg., p. 1521, ch. 655, Sec. 2, eff. Sept. 1, 1979; Acts 1983, 68th Leg., p. 349, ch. 79, Sec. 1, eff. Sept. 1, 1983; Acts 1983, 68th Leg., p. 5311, ch. 977, Sec. 2, eff. Sept. 1, 1983; Acts 1985, 69th Leg., ch. 223, Sec. 1, eff. Sept. 1, 1985; Acts 1987, 70th Leg., ch. 18, Sec. 3, eff. April 14, 1987; Acts 1987, 70th Leg., ch. 1101, Sec. 12, eff. Sept. 1, 1987; Acts 1989, 71st Leg., ch. 939, Sec. 1 to 3, eff. Sept. 1, 1989; Acts 1991, 72nd Leg., ch. 334, Sec. 2, eff. Sept. 1, 1991; Acts 1991, 72nd Leg., ch. 903, Sec. 1, eff. Sept. 1, 1991; Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994; Acts 2003, 78th Leg., ch. 1019, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch. 788 (S.B. 91), Sec. 3, eff. September 1, 2005.

Acts 2009, 81st Leg., R.S., Ch. 594 (H.B. 176), Sec. 2, eff. September 1, 2009.

Acts 2021, 87th Leg., R.S., Ch. 461 (H.B. 1306), Sec. 3, eff. September 1, 2021.

Acts 2023, 88th Leg., R.S., Ch. 300 (H.B. 28), Sec. 2, eff. September 1, 2023.

Acts 2023, 88th Leg., R.S., Ch. 467 (H.B. 165), Sec. 4, eff. September 1, 2023.

Acts 2025, 89th Leg., R.S., Ch. 889 (S.B. 3031), Sec. 1, eff. September 1, 2025.

Acts 2025, 89th Leg., R.S., Ch. 1145 (S.B. 1610), Sec. 5, eff. September 1, 2025.

Notes of Decisions

Cited in 3,053 cases (638 in the last 5 years), 1975–2026 · leading case: United States v. Pablo Calvillo-Palacios, 860 F.3d 1285 (9th Cir. 2017).

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United States v. Pablo Calvillo-Palacios, 860 F.3d 1285 (9th Cir. 2017). · cites it 12× “” 2 Calvillo-Palacios’s enhancement was based on his prior felony aggravated assault conviction in 2005 in violation of Texas Penal Code §§ 22.02 and 22.01. Calvillo-Palacios contested the sixteen-level enhancement, maintaining that the Texas aggravated assault statute of…”

Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008). · cites it 6× “[18] TEX. PENAL CODE § 22.02(a). [19] For example, it is theoretically possible to make a threat that causes the person to have a heart attack that causes serious bodily injury.”

Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006). · cites it 6× “[10] TEX PENAL CODE § 22.02(a). [11] The State asserts that appellant was not entitled to the deadly conduct instruction because "if injury actually occurs from an individual's deliberate conduct, the act of shooting towards the victim constitutes more than deadly conduct.”

Campbell v. State, 128 S.W.3d 662 (Tex. App. 2004). · cites it 12× “" Tex. Pen. Code Ann. § 22.02 (b)(2). The indictment reads in part: "that the said Benjamin Rush was then and there a public servant, to-wit: a police officer .”

United States v. Don Shepherd, 848 F.3d 425 (5th Cir. 2017). · cites it 5× “Tex. Penal Code § 22.02(a) (2003). The guidelines define a crime of violence as an offense that, inter alia, has as an element the use, attempted use, or threatened use of physical force against the person of another.”

Mallett v. State, 65 S.W.3d 59 (Tex. Crim. App. 2001). · cites it 2× “[41] Compare Tex. Penal Code Ann. § 22.02 (a), (b)(2) (Vernon 1997) with Tex.”

Wallace v. State, 75 S.W.3d 576 (Tex. App. 2002). · cites it 4× “Tex. Pen.Code Ann. § 22.02(a) (Vernon 1994) describes two kinds of aggravated assault: 1) assault, as defined in Section 22.”

Petruccelli v. State, 174 S.W.3d 761 (Tex. App. 2005). · cites it 6× “Tex. Pen. Code Ann. § 22.02 (a)(1) (Vernon 2003).”

Blea v. State, 483 S.W.3d 29 (Tex. Crim. App. 2016). · cites it 2× “” Tex. Penal Code § 22.02(b)(1). The' State asserts that, in deciding whether appellant caused serious bodily injury to Fassett, the court of appeals should have examined the injuries as they were inflicted by appellant, rather than assessing the injuries in their improved - or…”

United States v. Fierro-Reyna, 466 F.3d 324 (5th Cir. 2006). · cites it 4× “See Tex. Penal Code § 22.02 (amending the statute in 1993); Mont.”

Thompson v. State, 236 S.W.3d 787 (Tex. Crim. App. 2007). · cites it 4× “[2] TEX. PEN.CODE § 22.02(a)("A person commits an offense if the person commits assault as defined in § 22.”

Lane v. State, 151 S.W.3d 188 (Tex. Crim. App. 2004). · cites it 2× “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.”

Show all 3,053 citing cases →

— Tex. Penal Code § 22.02(1) — 1 case

Homer Valadez v. State (Tex. App. 2013).

— Tex. Penal Code § 22.02(2) — 1 case

Pedro Cervantez v. State (Tex. App. 2010).

— Tex. Penal Code § 22.02(A)(1) — 1 case

Harold Wayne Cherry v. State (Tex. App. 2014).

— Tex. Penal Code § 22.02(A)(2) — 5 cases

George Andrew Day v. State (Tex. App. 2020).

Tanzy Joseph Deshotel III v. the State of Texas (Tex. App. 2021).

Venzant v. Bigelow Arizona TX-282 LP (N.D. Tex. 2023).

Antonio Sustaita Jr. v. the State of Texas (Tex. App. 2025).

Allen Ray Ince v. State (Tex. App. 2015).

— Tex. Penal Code § 22.02(A)(L) — 1 case

Johnathan Renard Castaneda v. State (Tex. App. 2015).

— Tex. Penal Code § 22.02(B) — 1 case

Johnathan Renard Castaneda v. State (Tex. App. 2015).

— Tex. Penal Code § 22.02(B)(1) — 1 case

Guadalupe Pacheco v. State (Tex. App. 2015).

— Tex. Penal Code § 22.02(B)(2)(B) — 2 cases

Brandon Luis Marshall v. the State of Texas (Tex. App. 2024).

Anija Kemiah Carr v. State (Tex. App. 2014).

— Tex. Penal Code § 22.02(a) — 258 cases

Guzman v. State, 188 S.W.3d 185 (Tex. Crim. App. 2006). “[10] TEX PENAL CODE § 22.02(a). [11] The State asserts that appellant was not entitled to the deadly conduct instruction because "if injury actually occurs from an individual's deliberate conduct, the act of shooting towards the victim constitutes more than deadly conduct.”

Landrian v. State, 268 S.W.3d 532 (Tex. Crim. App. 2008). “[18] TEX. PENAL CODE § 22.02(a). [19] For example, it is theoretically possible to make a threat that causes the person to have a heart attack that causes serious bodily injury.”

United States v. Pablo Calvillo-Palacios, 860 F.3d 1285 (9th Cir. 2017). “” 2 Calvillo-Palacios’s enhancement was based on his prior felony aggravated assault conviction in 2005 in violation of Texas Penal Code §§ 22.02 and 22.01. Calvillo-Palacios contested the sixteen-level enhancement, maintaining that the Texas aggravated assault statute of…”

Ferrel v. State, 55 S.W.3d 586 (Tex. Crim. App. 2001).

Wallace v. State, 75 S.W.3d 576 (Tex. App. 2002). “Tex. Pen.Code Ann. § 22.02(a) (Vernon 1994) describes two kinds of aggravated assault: 1) assault, as defined in Section 22.”

— Tex. Penal Code § 22.02(a)(1) — 173 cases

Petruccelli v. State, 174 S.W.3d 761 (Tex. App. 2005). “Tex. Pen. Code Ann. § 22.02 (a)(1) (Vernon 2003).”

Thompson v. State, 236 S.W.3d 787 (Tex. Crim. App. 2007). “[2] TEX. PEN.CODE § 22.02(a)("A person commits an offense if the person commits assault as defined in § 22.”

Benavidez v. State, 323 S.W.3d 179 (Tex. Crim. App. 2010).

Lane v. State, 151 S.W.3d 188 (Tex. Crim. App. 2004). “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.”

— Tex. Penal Code § 22.02(a)(1)(B)(i) — 1 case

Eliazar Charlie Lopez v. State (Tex. App. 1999).

— Tex. Penal Code § 22.02(a)(2) — 725 cases

Campbell v. State, 128 S.W.3d 662 (Tex. App. 2004). “" Tex. Pen. Code Ann. § 22.02 (b)(2). The indictment reads in part: "that the said Benjamin Rush was then and there a public servant, to-wit: a police officer .”

United States v. Don Shepherd, 848 F.3d 425 (5th Cir. 2017). “Tex. Penal Code § 22.02(a) (2003). The guidelines define a crime of violence as an offense that, inter alia, has as an element the use, attempted use, or threatened use of physical force against the person of another.”

Reed v. State, 117 S.W.3d 260 (Tex. Crim. App. 2003).

Hernandez v. State, 556 S.W.3d 308 (Tex. Crim. App. 2017).

Safian v. State, 543 S.W.3d 216 (Tex. Crim. App. 2018).

— Tex. Penal Code § 22.02(a)(2)(1986) — 2 cases

Ex Parte Byrd, 162 S.W.3d 250 (Tex. Crim. App. 2005).

Byrd, Ex Parte Keenan Dean (Tex. Crim. App. 2005).

— Tex. Penal Code § 22.02(a)(2)(A) — 12 cases

Garner v. State, 858 S.W.2d 656 (Tex. App. 1993).

Marek Partyka, Petitioner v. Attorney Gen. of the United States, Respondent, 417 F.3d 408 (3rd Cir. 2005).

Leos v. State, 880 S.W.2d 180 (Tex. App. 1994).

Peterson v. State, 836 S.W.2d 760 (Tex. App. 1992).

Thomas v. State, 864 S.W.2d 193 (Tex. App. 1993).

— Tex. Penal Code § 22.02(a)(2)(b) — 2 cases

Nike Lee Johnson v. the State of Texas (Tex. App. 2025).

Ernesto Berlanga v. State (Tex. App. 2013).

— Tex. Penal Code § 22.02(a)(22) — 1 case

Geraro Mendiola, Jr. v. the State of Texas (2026).

— Tex. Penal Code § 22.02(a)(3) — 4 cases

Pass v. State, 634 S.W.2d 857 (Tex. App. 1982).

Robinson v. State, 630 S.W.2d 394 (Tex. App. 1982).

Moore v. State, 631 S.W.2d 245 (Tex. App. 1982).

Mills v. State, 625 S.W.2d 47 (Tex. App. 1981).

— Tex. Penal Code § 22.02(a)(3)(B) — 1 case

Stein v. State, 689 S.W.2d 932 (Tex. App. 1985).

— Tex. Penal Code § 22.02(a)(4) — 17 cases

Vaughn v. State, 888 S.W.2d 62 (Tex. App. 1994).

Hernandez v. State, 649 S.W.2d 720 (Tex. App. 1983).

Johnson v. State, 915 S.W.2d 653 (Tex. App. 1996).

Patterson v. State, 723 S.W.2d 308 (Tex. App. 1987).

Hooks v. State, 860 S.W.2d 110 (Tex. Crim. App. 1993).

— Tex. Penal Code § 22.02(a)(6) — 1 case

Guy Williams v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.02(a)(b) — 1 case

Gowan v. State, 18 S.W.3d 305 (Tex. App. 2000).

— Tex. Penal Code § 22.02(a)(b)(1) — 1 case

Michael D. Baxley v. State (Tex. App. 2016).

— Tex. Penal Code § 22.02(a)(l) — 5 cases

Landrian v. State, 263 S.W.3d 332 (Tex. App. 2008).

United States v. Cesar Cortez-Rocha, 552 F. App'x 322 (5th Cir. 2014).

Roberson, Crystal Yvette (Tex. 2015).

Vickers, Kenneth Craig (Tex. App. 2015).

Luna, Jesus Marcial Jr. (Tex. App. 2015).

— Tex. Penal Code § 22.02(a)(l)(B)(i) — 1 case

Lopez v. State, 990 S.W.2d 770 (Tex. App. 1999).

— Tex. Penal Code § 22.02(b) — 70 cases

Garfias, Christopher, 424 S.W.3d 54 (Tex. Crim. App. 2014).

Reyes v. State, 557 S.W.3d 624 (Tex. App. 2017).

Garrett v. State, 220 S.W.3d 926 (Tex. Crim. App. 2007).

Wright v. State, 976 S.W.2d 815 (Tex. App. 1998).

— Tex. Penal Code § 22.02(b)(1) — 82 cases

Blea v. State, 483 S.W.3d 29 (Tex. Crim. App. 2016). “” Tex. Penal Code § 22.02(b)(1). The' State asserts that, in deciding whether appellant caused serious bodily injury to Fassett, the court of appeals should have examined the injuries as they were inflicted by appellant, rather than assessing the injuries in their improved - or…”

Jonas Smith v. State, 491 S.W.3d 864 (Tex. App. 2016).

Roy v. State, 76 S.W.3d 87 (Tex. App. 2002).

Bradley v. State, 45 S.W.3d 221 (Tex. App. 2001).

Calvin E. Feagins v. State, 142 S.W.3d 532 (Tex. App. 2004).

— Tex. Penal Code § 22.02(b)(1)(A) — 3 cases

Christopher George Page v. the State of Texas (Tex. App. 2025).

In the Matter of J.D.P., a Juv. v. the State of Texas (Tex. App. 2024).

Angel Serna v. the State of Texas (2026).

— Tex. Penal Code § 22.02(b)(1)(E) — 1 case

Landon Johnson v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.02(b)(2) — 19 cases

Russell v. State, 146 S.W.3d 705 (Tex. App. 2004).

Donoho v. State, 39 S.W.3d 324 (Tex. App. 2001).

Zubia v. State, 998 S.W.2d 226 (Tex. Crim. App. 1999).

Anderson v. State, 11 S.W.3d 369 (Tex. App. 2000).

Moranza v. State, 913 S.W.2d 718 (Tex. App. 1996).

— Tex. Penal Code § 22.02(b)(2)(A) — 4 cases

Ex Parte Michael Blake Jones (Tex. App. 2019).

United States v. Gabino Osorio (5th Cir. 2018).

Oscar Reyes Luna, Jr. v. the State of Texas (Tex. App. 2024).

Jones-MacDonald v. Harris Cnty. (S.D. Tex. 2024).

— Tex. Penal Code § 22.02(b)(2)(B) — 67 cases

Ruffin v. State, 270 S.W.3d 586 (Tex. Crim. App. 2008).

Garcia v. State, 239 S.W.3d 862 (Tex. App. 2007).

Jackson v. State, 288 S.W.3d 60 (Tex. App. 2009).

McVae v. Perez, 120 F.4th 487 (5th Cir. 2024).

Shazizz Mateen v. the State of Texas (Tex. App. 2024).

— Tex. Penal Code § 22.02(b)(2)(C) — 4 cases

William Collins v. State (Tex. App. 2017).

William Collins v. State (Tex. 2015).

Osiel Benitez-Benitez v. State (Tex. App. 2018).

Jason Jerod Woods v. State (Tex. App. 2010).

— Tex. Penal Code § 22.02(b)(2)(D) — 1 case

Bryan White v. State (Tex. App. 2019).

— Tex. Penal Code § 22.02(b)(2)(E) — 1 case

Landon Johnson v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.02(b)(2)(c) — 1 case

Alan Domingo Diaz v. State (Tex. App. 2016).

— Tex. Penal Code § 22.02(b)(3)(A) — 1 case

Jordan Shaun Rodgers v. the State of Texas (Tex. App. 2024).

— Tex. Penal Code § 22.02(b)(3)(B) — 1 case

Xavier Gutierrez v. the State of Texas (Tex. App. 2023).

— Tex. Penal Code § 22.02(b)(l) — 2 cases

Kenneth Wayne Hall v. the State of Texas (2026).

Kelly Laura Sixtos v. State (Tex. App. 2014).

— Tex. Penal Code § 22.02(c) — 21 cases

Hardeman v. State, 868 S.W.2d 404 (Tex. App. 1993).

Cooper v. State, 956 S.W.2d 95 (Tex. App. 1997).

Cuba v. State, 905 S.W.2d 729 (Tex. App. 1995).

Gutierrez v. State, 681 S.W.2d 698 (Tex. App. 1984).

Johnson v. State, 828 S.W.2d 511 (Tex. App. 1992).

— Tex. Penal Code § 22.02(c)(1986) — 2 cases

Ex Parte Byrd, 162 S.W.3d 250 (Tex. Crim. App. 2005).

Byrd, Ex Parte Keenan Dean (Tex. Crim. App. 2005).

— Tex. Penal Code § 22.02(c)(1987) — 1 case

Ramon, Juan S. Jr. (Tex. Crim. App. 2007).

— Tex. Penal Code § 22.02(d) — 1 case

Jesus Gonzalez, Jr. v. State (Tex. App. 2019).

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