November 14, 2025
If you’re facing assault charges, you may have heard or seen the words “assault causes bodily injury.” Understanding the legal interpretation of bodily injury through assault is of great importance in knowing what could happen if you are convicted.
At Napier Law Firm, we assist clients facing these charges. In this informative blog post, we delve into the legal definition of assault causing bodily injury and explore potential defenses for these types of cases.
Understanding the Definition of Assault Causing Bodily Injury
The basic definition of assault causing bodily injury relates to the intentional or even reckless actions in causing physical harm or a threat of physical harm to another person. It’s a broad category that can encompass anything from simple assault, which would be charged as a misdemeanor, to aggravated assault, which would be charged as a felony.
The severity of the injuries caused, whether or not a weapon was used, or the presence of any aggravating factors will play a role in how it is charged. Since legal jargon can be confusing, it helps to understand the common scenarios that may lead to these types of charges.
For example, if a physical fight breaks out in a bar, resulting in significant injuries, it is considered an assault causing bodily injury. It would be aggravated assault, carrying felony charges, if a weapon were used.
Assault causing bodily injury is often assigned in cases where protected individuals are attacked, in domestic violence cases, and in assaults with intent to commit another felony. Each of these could be potentially upgraded with aggravating factors.
Legal Consequences and Penalties
In Texas, assault causing bodily injury is most commonly charged as a Class A misdemeanor. Typically, a conviction will result in penalties of up to one year in jail, along with a fine that could be up to $4,000.
If certain factors are present, such as causing serious bodily injury, a protected individual was the victim, or other aggravating circumstances, the charge will be upgraded to a felony. Compared with other assault charges, assault causing bodily injury is more serious than a simple assault, a Class C misdemeanor that is punished with fines. However, it is less serious than aggravated assault charges, which are usually charged as a second degree felony.
If you are convicted of one of these more serious aggravated assaults, you could face 2 to 20 years in prison and fines up to $10,000. Beyond the conviction, your freedom will be at stake, and you may never recover from the ramifications it will have on your personal and professional life. One of the most important things you can do when facing these charges is speak with a criminal defense attorney who can help protect your legal rights.
Defenses Against Assault with Intent to Cause Bodily Injury Charges
After being arrested and accused of committing assault causing bodily injury, the first thing you should do is call a lawyer who can help build a strong defense backed by evidence to fight these charges. Common defenses to these charges include:
Self-Defense or Defense of Others
Your attorney can gather evidence that you only used force to protect yourself or others who were in immediate harm. They must demonstrate that the force used was proportionate to the threat at hand.
Lack of Intent
Remember, in criminal cases, the prosecution must prove you are guilty beyond a reasonable doubt. One thing that stands out with these charges is that they must be able to prove that you had the necessary intent to commit the crime. In other words, your attorney may be able to counter their arguments by showing it was an accident.
False Identity
When witnesses swear you were the perpetrator but your attorney can prove your alibi, it may be a case of mistaken identity.
False Accusations
In other circumstances, usually with domestic relations, you may be accused of causing bodily harm when the story is either completely made up or exaggerated.
When you contact a defense attorney, the evidence is the most crucial aspect. Evidence has the ability to create that doubt and poke holes in the prosecution’s case. Your lawyer will look at the charges, all the evidence, and listen to you as they construct a strong argument to help you avoid conviction.
Napier Law Firm’s Approach to These Types of Cases
Napier Law Firm understands these nuances of the law, and how easily something minor such as a small fight could be blown out of proportion. While some people may have acted brashly, others may be accused of felony-level behavior when their intent was to protect others from danger.
Regardless of what you are facing, we are deeply committed to upholding client rights and providing transparent legal guidance. Contact us today to schedule a free consultation to discuss your charges and learn about the next steps.
Frequently Asked Questions About Assault Causing Bodily Injury
What does the law define as bodily injury?
Bodily injury is a more formal way to describe when a person’s health, well-being, or comfort is harmed. In these scenarios, the harm inflicted must be either an actual injury, such as broken bones, or cause pain and other symptoms, like a concussion.
What penalties are the result of these charges?
In a simple assault scenario, you might get jail time for up to a year, fines, community service, or probation. If it is considered an aggravated assault, there will be prison time served and the fines will be far greater.
What are the immediate steps to take after being arrested for an alleged assault?
Even if the police have it all wrong, never try to argue. Instead, if they are questioning you or placing you under arrest, politely yet firmly tell them that you wish to remain silent and you will not answer any questions without a lawyer present.
They can use anything you say against you, and time is of the essence to act before your trial. Contact the Napier Law Firm to get the help you need protecting your rights throughout the legal process.