The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery. In many states assaulting a police officer or peace officer who is performing official duties (such as making a lawful arrest) is a more serious offense—sometimes a felony.
In Texas, assault is defined under Section 22.01 of the Texas Penal Code. The crime of assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another, threatens someone with imminent bodily injury, or causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative. Assault can be charged as a misdemeanor or a felony, depending on the circumstances, such as the severity of the injury, the use of a deadly weapon, and the victim's status. For instance, assaulting a public servant, including a police officer or peace officer, while they are performing their official duties, is considered a more serious offense and can lead to a third-degree felony charge. The specific penalties and charges can vary, with more severe consequences for aggravated assault or assault against certain protected classes of individuals, such as family members, government employees, or security officers.
