Assault is a very common offense. Some states and television movies may make a distinction between assault and battery. Texas, however, has no separate battery statute. All behaviors that might fall under battery in other jurisdictions are included under the offense of assault.
There are basically three types of assault under the Penal Code Assault Statute: assault which causes bodily injury, assault by contact and assault by threat. According to FindLaw, the aggravated assault has its own set of elements and circumstances. Assault causing bodily injury is the most common type of assault and occurs when a person intentionally, knowingly or recklessly causes bodily injury to another person, including their spouse. This type of offense is not a misdemeanor and is very commonly associated with family violence.
According to the Texas State Government, there are many circumstances that increase the penalty level for assault causing bodily injury. A person who intentionally, knowingly or recklessly causes bodily injury to a family or household member or a person with whom the actor as a dating relationship will be charged with a felony of the second degree.
The next set of circumstances, which raised the penalty level of assault causing bodily injury, is when a person intentionally, knowingly or recklessly causes bodily injury against or in retaliation for an official duty performed by a judge or a peace officer. Assault against a peace officer or judge is a felony of the second-degree assault.
A person who commits assault and causes bodily injury by strangulation or by blocking the nose or mouth of another person will be punished as a felony of the third degree. So strangulation is very serious, and even though it can potentially cause serious bodily injury or death, don’t get confused. It still falls under the assault statute, but it’s great it as a felony of the third degree instead of a misdemeanor assault.
