Sentencing Guidelines for Felony Assault and Aggravated Assault

A Beginner’s Guide to Felony Assault Penalties in Texas

If you or a loved one has been charged with felony assault in Texas, you’re likely asking some difficult — and urgent — questions:

• “How long could I go to prison?”
• “Is probation possible for a felony?”
• “Will this stay on my record forever?”
• “What makes it aggravated assault?”

This guide breaks down the Texas sentencing guidelines for felony assault and aggravated assault — including the difference between third-degree, second-degree, and first-degree felonies, prison time vs. probation, and how an experienced attorney near you can help protect your future.

What You’ll Learn in This Guide

• What makes an assault a felony in Texas
• The difference between felony assault and aggravated assault
• Sentencing ranges and fines
• Whether you can get probation instead of prison
• How parole works
• How a lawyer near you can help reduce or dismiss charges

What Makes an Assault a Felony in Texas?

Under Texas Penal Code § 22.01 and § 22.02, assault becomes a felony when aggravating factors are present — even if the underlying conduct was relatively minor.

Common Reasons an Assault Is Filed as a Felony:

• Prior family violence conviction
• Alleged victim is a public servant, elderly person, disabled person, or child
• Use or exhibition of a deadly weapon
• Serious bodily injury
• Strangulation or choking
• Sexual assault components
• Repeat assaults within 12 months (Continuous Violence Against the Family)

See also: What Makes an Assault Case a Felony in Texas?

What Is Aggravated Assault in Texas?

Aggravated Assault is a special category of felony assault under Texas Penal Code § 22.02 that includes:

• Serious bodily injury, or
• Use/exhibition of a deadly weapon during the assault

This can increase a charge from a Class A misdemeanor to a second-degree or first-degree felony, even if the victim’s injuries appear minor.

For more details, see: Aggravated Assault: What It Means and What’s at Stake (2nd Degree Felony)

Sentencing Ranges for Felony Assault in Texas

Felony LevelType of AssaultPrison RangeFineNotesThird-DegreeAssault on public servant, pregnant person, repeat family violence2–10 yearsUp to $10,000Probation sometimes possibleSecond-DegreeAggravated Assault (weapon or serious injury), strangulation, injury to a child/elder2–20 yearsUp to $10,000Serious risk of prison timeFirst-DegreeAggravated Assault with deadly weapon + family violence or victim under 65–99 years or lifeUp to $10,000Probation often restricted

Sentencing varies by county, judge, and facts of the case, but these are the legal minimums and maximums.

Is Probation Possible for Felony Assault?

Yes, but it depends on:

• Type of felony (3rd-degree more likely than 1st-degree)
• Victim type (probation often barred for child/elder victims)
• Prior criminal history
• Whether the prosecutor agrees to recommend probation

Probation (technically called community supervision) may come with conditions such as:

• Anger management classes
• Substance abuse treatment
• No-contact orders
• Restitution to the victim
• Regular reporting to a probation officer

A skilled attorney near you can often negotiate probation instead of prison — especially for first-time felony offenders.

What About Deferred Adjudication?

In some felony cases, a judge may agree to deferred adjudication, meaning you plead guilty but are not convicted, and the case is dismissed upon successful completion of supervision.

Important caveat:

• Deferred adjudication does not allow for record sealing if the charge involved family violence or sexual assault.
• You will still face lifetime firearm restrictions.

Your lawyer near you can advise whether this option is strategically beneficial for your case.

What Is Serious Bodily Injury Under Texas Law?

Defined under Texas Penal Code § 1.07(a)(46), serious bodily injury means:

“Injury that creates a substantial risk of death, causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ.”

Examples:

• Broken bones
• Deep lacerations requiring stitches
• Injuries requiring surgery
• Skull fractures or internal bleeding

Prosecutors use this definition to upgrade misdemeanor assault to aggravated felony assault, so your attorney near you must challenge the medical records and injury classifications aggressively.

How Does Parole Work in Felony Assault Cases?

Parole eligibility depends on:

• The felony level
• Whether the offense is classified as violent under Texas parole guidelines
• Whether deadly weapons or sex offenses were involved

Key facts:

• Most felons are eligible for parole after serving 25% to 50% of their sentence
• Aggravated offenses may require longer minimums
• “3g” offenses (e.g., Aggravated Assault with a deadly weapon) require serving at least 50% without good time credit

Your lawyer near you can explain how plea negotiations affect parole eligibility, especially in deadly weapon findings, which significantly limit early release options.

Special Considerations for Family Violence Felonies

Even if you avoid prison, a felony family violence conviction results in:

• Permanent criminal record
• Lifetime firearm ban under federal law (18 U.S.C. § 922(g))
• Protective orders and custody complications
• No eligibility for expunction or sealing

See: Domestic Assault and Family Violence Offenses in Fort Bend County and Continuous Violence Against the Family Charges Explained

Real-World Examples of Felony Assault Cases

Scenario 1: Bar Fight with a Bottle

• Class A charge upgraded to Aggravated Assault – Deadly Weapon (2nd Degree)

Scenario 2: Domestic Dispute with Alleged Choking

• Assault by Strangulation – Family Violence, filed as 3rd or 2nd Degree Felony

Scenario 3: Assault on Officer During Arrest

• Assault on Public Servant, 3rd Degree Felony, even if minor injury

See: Assault Against Public Servants: Police, EMTs, Teachers

How a Criminal Defense Attorney Near You Can Help

A felony assault charge is not just a legal problem — it’s a life-altering event. You need an advocate who understands:

• The elements prosecutors must prove
• The court dynamics in your county
• The difference between trial-ready cases and negotiable cases
• How to reduce, dismiss, or mitigate sentencing exposure

At Walker Law Office, we’ve successfully defended hundreds of clients across Harris County, Fort Bend County, and Galveston County in felony assault cases, including aggravated and family violence charges.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with a criminal defense attorney near you before it's too late.

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