Assault in which the offender causes bodily injury to the victim is a Class A misdemeanor except in certain circumstances. This assault is a third degree felony if:
the offender knows the victim is a public servant, government contractor or a contractor’s employee performing services at a correctional facility or secure treatment or rehabilitation facility; a security officer, emergency services personnel, or volunteer (such as a firefighter or EMT), and the victim is performing his duties at the time of the assault, or the offender assaults the victim in retaliation for performance of his duties.
Simple assault involving threats of physical harm or offensive contact is normally a Class C misdemeanor, except in certain circumstances:
- if the victim is an elderly or disabled person , the crime is a Class A misdemeanor
- if the offender knows the victim is an athlete or sports official participating in a sporting event at the time of the assault, the crime is a Class B misdemeanor, or
- if the offender assaults the victim in retaliation for his performance in the athletic event (as an athlete or sports official), the crime is a Class B misdemeanor.
(Tex. Penal Code Ann. § 22.01).
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Simple assault in Texas consists of:
- intentionally, knowingly, or recklessly causing bodily injury to another person
- intentionally or knowingly threatening another person with imminent bodily injury, or
- intentionally or knowingly causing physical contact with another that the offender knows or - reasonably should know the victim will find provocative or offensive.