If you’ve been charged with assault causing bodily injury in Austin, you’re facing a Class A misdemeanor under Texas Penal Code § 22.01(a)(1) that carries up to one year in jail and a $4,000 fine. If your case involves a family member and either a prior conviction or a strangulation allegation, the charge can be enhanced to a third-degree felony. Attorney Jorge Vela is a former federal and state prosecutor who defends ABI cases throughout Travis County. Call (512) 537-1237 for a 24/7 consultation.
What Is Assault Causing Bodily Injury Under Texas Law?
Under Texas Penal Code § 22.01(a)(1), a person commits assault causing bodily injury by intentionally, knowingly, or recklessly causing bodily injury to another person, including a spouse. The recklessness standard is the one that catches most defendants off guard.
You don’t have to intend to cause injury. If you were aware of a substantial risk that your conduct could cause pain and you consciously disregarded it, the State can file the same charge as if you’d acted on purpose. Travis County prosecutors file hundreds of ABI cases each year, making it the most commonly charged assault offense in Austin.
What Qualifies as “Bodily Injury” Under Texas Penal Code § 22.01
Texas Penal Code § 1.07(a)(8) defines bodily injury as physical pain, illness, or any impairment of physical condition. The definition is intentionally broad. A push that causes someone to stumble and feel pain qualifies, and so does a hair pull, a slap that leaves no mark, or grabbing someone’s arm hard enough to cause soreness.
Even spitting on another person may meet the threshold. The one limit is that mere discomfort, without actual physical pain, does not satisfy the statute.
Can You Be Charged with Assault Without Causing Visible Injury
Yes. Prosecutors don’t need photographs, visible marks, or medical records to move forward with an ABI charge in Travis County. Many of these cases are built entirely on a 911 call and a single witness statement from the person claiming to have been hurt.
Body-cam footage showing no visible injury won’t lead to an automatic dismissal. The State only needs to prove the other person experienced physical pain, and the alleged victim’s own testimony is often enough to satisfy that burden.
How Does ABI Differ from Other Assault Charges in Texas
Assault causing bodily injury is a Class A misdemeanor that sits in the middle of Texas’s assault spectrum. Below it, assault by threat is a Class C misdemeanor that requires only a verbal or physical threat of imminent bodily injury, with no physical contact necessary. Assault by contact is also a Class C and applies when someone makes offensive or provocative physical contact that doesn’t result in pain or injury.
Above ABI, aggravated assault requires proof of either serious bodily injury or the use of a deadly weapon and is charged as a second-degree felony at minimum. The distinction between these charges affects penalties, court jurisdiction, and long-term record consequences. If you’re not sure which charge applies to your situation, an assault defense lawyer in Austin can evaluate your case.
Why Trust the Law Office of Jorge Vela for ABI Defense in Austin?
Before opening his defense practice in 2018, Jorge Vela spent seven years as a prosecutor. As an Assistant District Attorney in Travis County and Webb County, he prosecuted violent felonies including aggravated assault, aggravated robbery, and murder. As an Assistant United States Attorney in the Southern District of Texas, he investigated and tried federal drug trafficking cases tied to cartel organizations along the U.S.-Mexico border.
That background shapes how our firm handles every ABI case. Jorge knows how Travis County prosecutors evaluate assault charges because he used to be one. He understands when they’ll negotiate, when they’ll push for the maximum penalty, and where the weaknesses in their evidence are likely to surface.
Our firm also offers something almost no other Austin criminal defense practice provides: a fully integrated criminal immigration practice. If you’re a non-citizen facing ABI charges, especially with a family violence designation, Jorge evaluates your case through both a criminal defense and an immigration lens so that a resolution in one area doesn’t create a disaster in the other.
We’re available 24/7 at 818A W 10th St, Austin, TX 78701, and serve clients in English and Spanish across Travis, Williamson, Hays, and Bastrop Counties. Se habla español.
Penalties and Enhancement Pathways for Assault Bodily Injury in Austin
The baseline penalty for ABI is a Class A misdemeanor, but that only tells part of the story. Depending on your relationship to the alleged victim, your criminal history, and the specific conduct alleged, the charge can escalate to a felony with years in prison. The enhancement ladder below maps every scenario.
Charge Level | Circumstances | Jail / Prison Range | Fine |
Class A Misdemeanor | Standard ABI, no enhancements | Up to 1 year in county jail | Up to $4,000 |
Third-Degree Felony | ABI against a family/household member or dating partner WITH a prior family violence conviction or deferred adjudication | 2 to 10 years in prison | Up to $10,000 |
Third-Degree Felony | ABI involving strangulation or impeding breath/circulation of a family member (even first offense) | 2 to 10 years in prison | Up to $10,000 |
Third-Degree Felony | ABI against a public servant, security officer, or EMS personnel performing official duties | 2 to 10 years in prison | Up to $10,000 |
Second-Degree Felony | ABI against a peace officer or judge performing official duties | 2 to 20 years in prison | Up to $10,000 |
A conviction also creates collateral consequences: a permanent criminal record affecting employment and housing, protective orders restricting contact with the alleged victim and your children, bond conditions like GPS monitoring, and for non-citizens, possible deportation or inadmissibility.
Is Assault Causing Bodily Injury a Felony or Misdemeanor in Texas
It starts as a Class A misdemeanor, but the charge can be enhanced to a third-degree felony or a second-degree felony depending on the circumstances. The most common trigger is the family violence designation.
Strangulation or impeding the breathing or circulation of a family member is an automatic third-degree felony under § 22.01(b)(2)(B), even with no prior criminal history. When the victim is a peace officer or judge acting in an official capacity, the charge rises to a second-degree felony carrying up to 20 years.
How Does a Prior Family Violence Conviction Enhance Assault Charges
Under Texas Penal Code § 22.01(b)(2)(A), a prior family violence conviction or deferred adjudication automatically elevates a new ABI charge against a family or household member from a Class A misdemeanor to a third-degree felony. This catches defendants off guard every year.
In most criminal contexts, completing deferred adjudication means no conviction on your record. Family violence is the exception. The statute explicitly treats prior deferred adjudication for any family violence offense as a “prior conviction” for enhancement purposes. A deferred from five years ago for a family argument means a new ABI against any family member becomes a two-to-ten-year felony, regardless of how much time has passed or who the prior victim was.
Can a Misdemeanor Assault Bodily Injury Conviction Affect Your Gun Rights
Yes. Under the Lautenberg Amendment, codified at 18 U.S.C. § 922(g)(9), any conviction for a misdemeanor crime of domestic violence permanently prohibits you from possessing firearms or ammunition under federal law.
This applies to first-offense Class A misdemeanor ABI convictions with a family violence finding. It applies even though the charge is a state misdemeanor, because the prohibition is federal. There is no exception for hunting, military service, or law enforcement. The firearm ban is permanent unless the conviction is expunged or set aside.
Defense Strategies for Assault Causing Bodily Injury in Austin
The right defense for an assault bodily injury case in Travis County depends on the facts and the evidence. Some cases turn on whether the State can prove bodily injury, while others hinge on self-defense or fabricated allegations. Jorge has prosecuted and defended hundreds of assault cases, and that dual perspective allows us to spot the weakest points in the State’s case early.
When evidence is thin, challenging the bodily injury element is often the strongest approach. Our firm also pursues pre-trial diversion, charge reductions to Class C assault by contact, and deferred adjudication when strategically advisable and no family violence designation is involved.
Can Assault Causing Bodily Injury Charges Be Dropped in Austin
Yes. ABI charges in Travis County can be dismissed, reduced, or dropped before trial depending on the evidence and the defense strategy your attorney pursues. One common path involves the alleged victim filing an affidavit of non-prosecution, a sworn statement telling the Travis County DA’s Office they don’t want the case to proceed.
An affidavit doesn’t guarantee dismissal because prosecutors can still move forward without victim cooperation. But a recanting witness changes the calculus significantly when there’s no independent physical evidence. We also negotiate charge reductions and secure entry into diversion programs that result in dismissal upon completion.
Is Self-Defense a Valid Defense Against ABI Charges
Texas law provides a strong self-defense framework. Under Texas Penal Code § 9.31, you’re justified in using force when you reasonably believe it’s immediately necessary to protect yourself against another person’s unlawful force. Texas is a Stand Your Ground state, meaning you have no duty to retreat.
The Castle Doctrine extends additional protections inside your home, vehicle, and place of business, where the law presumes your use of force was reasonable against an unlawful intruder. Defense of a third person under § 9.33 applies the same standard when you act to protect someone else.
What Role Do False Accusations Play in Assault Bodily Injury Cases
False and exaggerated allegations are a reality in ABI cases, particularly those with a family violence designation. Custody disputes, divorce proceedings, and relationship breakdowns create situations where one party has a motive to fabricate or inflate what happened. Travis County prosecutors are aware of these dynamics, but they still file charges based on the initial report.
Our firm looks for evidence that contradicts the accuser’s story: inconsistent statements to police, text messages before or after the incident, body-cam footage, and 911 recordings. When the physical evidence doesn’t support the claim and the accuser has a clear motive to lie, those cases are defensible.
What Happens to Your Record After an Assault Bodily Injury Case in Austin
Most people charged with assault bodily injury focus on jail time, but the long-term record consequences often carry more weight. A criminal record affects employment, housing, professional licensing, and background checks for years. How your attorney handles this charge determines whether you’re left with a permanent record, a sealed file, or no record at all.
Can an Assault Bodily Injury Charge Be Expunged in Texas
If your ABI case ends in a dismissal, acquittal, or grand jury no-bill, you may be eligible for expunction under Texas law. Expunction destroys the arrest record from all law enforcement and court databases as though it never occurred.
If you pleaded guilty, no contest, or completed deferred adjudication probation, expunction is generally unavailable. This is one reason our firm pushes for outright dismissals whenever the evidence supports it. A dismissed case gives you the cleanest path to restoring your record.
Can You Seal a Family Violence Assault Record in Texas
No. Texas Government Code § 411.074 specifically prohibits non-disclosure orders for any offense involving family violence. Non-disclosure seals a record after deferred adjudication and is available for virtually every other Texas misdemeanor. Family violence is carved out entirely.
If you accept deferred adjudication on an ABI charge with a family violence finding, that record stays visible on every public background check permanently. There is no waiting period, no petition, and no judicial discretion that changes this outcome. This makes fighting the family violence designation or pursuing dismissal the single most important defense goal.
How Does a Family Violence Finding Affect Future Charges
A family violence finding on your current case follows you into every future encounter with the criminal justice system. If you’re ever charged with another assault involving a family or household member, prosecutors will use the prior finding to elevate the new charge from a Class A misdemeanor to a third-degree felony.
The enhancement applies regardless of how much time has passed and regardless of whether the prior case ended in deferred adjudication. Out-of-state convictions with substantially similar elements can also trigger enhancement. Texas Penal Code § 25.11 adds another layer: continuous violence against the family is a standalone third-degree felony when two or more family assaults occur within twelve months.
Charged with Assault Causing Bodily Injury in Austin? Contact the Law Office of Jorge Vela Today
An assault bodily injury charge in Travis County can permanently change your record, your gun rights, and your immigration status, even when the underlying conduct was a shove during an argument. The sooner you have an attorney involved, the more options are available.
Jorge Vela spent seven years as a federal and state prosecutor before founding the Law Office of Jorge Vela. He knows how Travis County prosecutors build and try these cases because he used to sit on their side of the courtroom. If you’re facing ABI charges, talk to someone with the insider knowledge to fight them.
Call (512) 537-1237 any time, day or night. Visit our office at 818A W 10th St, Austin, TX 78701, or send us a message online to schedule a consultation. Se habla español.