Understanding the Charge of Assault Causing a Bodily Injury

 Posted on March 07, 2025 in Criminal Defense

Assault causing a bodily injury is a serious criminal offense in Texas. It involves intentionally causing physical harm to another person, resulting in harm to that person’s body, even if that harm is not serious.

Getting charged with assault causing bodily injury can land you in major trouble, as being convicted means significant fines and even imprisonment. If you are facing criminal charges, contact a Texas criminal defense lawyer to fight for your rights and seek a positive outcome in your case.

What Is Considered "Bodily Injury" Under Texas Law?

Under Texas law, "bodily injury" is defined as any physical pain, illness, or impairment of physical condition. This means that even minor injuries, such as bruises, cuts, or soreness, can qualify as bodily injury under the law.

In some cases, people do not even need to show visible injuries — simply feeling pain or discomfort may be enough for prosecutors to pursue charges. Understanding this broad definition is important if someone is accusing you of assault, as even small disagreements can result in accusations and serious charges.

Can You Be Charged With Assault If You Did Not Actually Hit Someone?

Yes, you can be charged with assault even if you never made direct physical contact with another person. Texas law recognizes "offensive contact" and "indirect harm" as potential grounds for an assault charge. For example, throwing something that causes injury, spitting on someone, or using a weapon to chase someone away can all lead to assault charges.

Additionally, making threats or simply trying to hit someone — even if no part of your body touches theirs — could result in a charge if you caused someone to reasonably fear you would hurt them.

What Are the Penalties for Assault With Bodily Injury in Texas?

The penalties for assault causing bodily injury depend on the circumstances of the case and your prior criminal history. A standard Class A misdemeanor conviction can result in up to a year in jail, fines up to $4,000, and probation or community supervision.

How Does Assault With Bodily Injury Differ From Aggravated Assault?

Assault causing bodily injury is typically classified as a Class A misdemeanor, but if the case involves more serious circumstances, it can be upgraded to aggravated assault, which is a first- or second-degree felony. A charge may be elevated to aggravated assault if:

• The alleged victim suffered serious bodily injury, such as broken bones, disfigurement, or long-term impairment.

• A deadly weapon (such as a firearm, knife, or vehicle) was used or displayed during the assault.

• The alleged victim was a public servant, law enforcement officer, or emergency worker.

• The alleged victim was a family member as defined by Texas law.

The penalties for aggravated assault can include years in prison and thousands of dollars in fines, making it critical to mount a strong legal defense.

How to Get Assault Charges Dropped in Texas

Getting an assault charge dropped requires a great lawyer, a great strategy, and, sometimes, a little luck. Some ways to try to have charges dismissed include:

• Lack of evidence: If the prosecution cannot prove bodily injury or that the crime happened beyond a reasonable doubt, the case may be dismissed.

• Victim refusing to testify: While prosecutors can continue the case without a victim’s cooperation, an uncooperative witness can weaken their argument.

• Proving self-defense or mistaken identity: If an attorney can show that the accused was acting in self-defense or that they were wrongly identified, the case may be dropped.

• Plea bargains or diversion programs: In some cases, a defendant may enter a pretrial diversion program or negotiate a lesser charge that results in dismissal upon completion.

What Happens If the Alleged Victim Wants to Drop the Charges?

Many people think that if an alleged victim chooses not to press charges, the case automatically gets dismissed. However, in Texas, only the prosecutor — not the person who says they were assaulted — has the authority to drop criminal charges.

Even if the victim takes back their statement, prosecutors can continue with the case using other evidence, such as medical reports, surveillance footage, or witness testimony. Cases like this are more common in domestic violence cases, where authorities pursue charges even against the alleged victim’s wishes.

Can You Get an Assault With Bodily Injury Conviction Expunged in Texas?

Expunging or sealing a criminal record is possible in certain criminal cases, but not all convictions qualify. In Texas, you cannot expunge an assault conviction unless:

• You were found not guilty or your case was dismissed.

• You successfully completed deferred adjudication probation, in which case you may qualify for a non-disclosure order (sealing the record).

• The case was dismissed due to lack of evidence or dropped charges.

Most assault cases cannot be expunged, so it is extremely important to have a lawyer in your corner. If a conviction remains on your record, it can impact employment, housing, and firearm rights, making it essential to explore expungement options with an attorney.

Real-Life Case Examples of Assault With Bodily Injury Defense Strategies

Case 1: Self-Defense Leads to Dismissal

A man in Dallas, Texas, was charged with assault causing bodily injury after a bar fight. His attorney provided security footage showing he was defending himself from an unprovoked attack, leading the prosecutor to drop the case.

Case 2: Mistaken Identity Results in Acquittal

In Chicago, Illinois, a woman was arrested after being wrongly identified in a fight. Her lawyer presented cell phone GPS data and eyewitness testimony proving she was not present, resulting in a not-guilty verdict.

Case 3: Domestic Violence Charge Dropped Due to Recantation 

A husband in Los Angeles, California, was accused of assaulting his wife. However, after inconsistencies in the wife’s testimony were revealed and there was no evidence of injuries, the prosecution dropped the charges.

Each of the people involved in these cases would likely have faced severe penalties without the help of an attorney. Just having a lawyer present makes prosecutors take your case more seriously and think twice about the likelihood of succeeding in bringing charges against you.

Contact a Collin County, TX Assault Defense Lawyer

If you find yourself charged with assault causing a bodily injury, consult an experienced criminal defense lawyer immediately. The Plano, TX criminal defense attorneys at the Law Offices of Biederman & Burleson P.L.L.C. provide aggressive legal representation and can help you explore defense strategies, including self-defense, lack of intent, and mistaken identity. We also offer guidance on getting charges reduced, dropped, or expunged.

Do not wait. Contact us now for a free consultation at Law Offices of Biederman & Burleson P.L.L.C. and start building your defense today.