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.
The crime of assault with a deadly weapon (also known as aggravated assault) occurs when someone uses a deadly weapon (gun, knife, club, tire iron, brass knuckles, etc.) during an assault.
In Texas, assault is defined under Texas Penal Code Section 22.01. 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 felony, depending on the circumstances, such as the severity of the injury, the identity of the victim (e.g., a public servant or family member), and whether strangulation was involved. Aggravated assault, as defined by Texas Penal Code Section 22.02, occurs when an individual commits assault and either causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of the assault. Aggravated assault is typically a second-degree felony, but it can be elevated to a first-degree felony in certain situations, such as when the offense is committed against a public servant, security officer, or in a domestic violence context with a weapon. The use of a deadly weapon elevates the severity of the charge due to the increased potential for harm.
