Felony Assault Sentencing Guidelines in Texas

A man sitting beside his defense lawyer in a Texas courtroom, facing felony assault charges, symbolizing second- and third-degree sentencing guidelines and the need for a lawyer near you.

Felony Assault Sentencing Guidelines in Texas (3rd and 2nd-Degree Felonies)

If you or someone you care about is facing a felony assault charge in Texas, you may be wondering just how serious it is—and what kind of sentence might result. The answer depends on several key factors, including the degree of the felony, the circumstances of the case, and whether the victim was part of a protected group.

Felony assault charges in Texas most often fall into two main categories: third-degree and second-degree felonies. While both can lead to prison time and heavy fines, second-degree felonies are punished more severely. Knowing where your case fits on that scale is essential to understanding what you’re facing—and how a lawyer near you can help reduce or avoid a harsh outcome.

In this beginner’s guide, we’ll walk you through:

  • What makes an assault charge a felony in Texas

  • The difference between third-degree and second-degree felony assault

  • Sentencing ranges, probation eligibility, and parole

  • Long-term consequences of a felony conviction

  • Why hiring a local defense attorney is your best move

What Makes Assault a Felony in Texas?

Assault becomes a felony under Texas law when the alleged conduct involves one or more of the following:

  • Serious bodily injury

  • Use or exhibition of a deadly weapon

  • Assault on a public servant, family member with prior conviction, or other protected class

  • Multiple incidents within a short timeframe (continuous family violence)

  • Choking or impeding breath in a domestic context

These factors elevate what would otherwise be a misdemeanor assault to a felony charge under Texas Penal Code §22.01and §22.02.

Third-Degree Felony Assault (Texas Penal Code §22.01(b))

When It Applies:

  • Assault on a family or household member with a prior family violence conviction

  • Assault on a public servant, emergency responder, or security officer while performing their duties

  • Assault on government contractors working in certain public settings

Penalties:

  • 2 to 10 years in prison

  • Up to $10,000 in fines

  • Eligible for probation (depending on your criminal record and the judge’s discretion)

Examples:

  • A second arrest for assaulting a dating partner or spouse

  • Punching a correctional officer while in custody

  • Assaulting a nurse or EMT during an emergency call

Even if the injury is minor (such as bruising), the charge is still a felony due to the victim’s protected status or your criminal history.

Learn more in the related post: Assault Against Public Servants in Texas

Second-Degree Felony Assault (Texas Penal Code §22.02)

When It Applies:

  • Aggravated assault (serious bodily injury or use of a deadly weapon)

  • No requirement that the victim is a protected person

  • Can be enhanced to a first-degree felony in cases involving family violence with choking or certain public officials

Penalties:

  • 2 to 20 years in prison

  • Up to $10,000 in fines

  • Parole possible after serving a portion of the sentence

  • Probation is less likely, but not impossible—especially for first-time offenders

Examples:

  • Using a knife during a domestic altercation

  • Causing serious injuries in a fight at a party or bar

  • Using a car to intimidate or harm someone during a road rage incident

For a deeper dive, check out: Aggravated Assault Charges in Harris County (2nd-degree felony, 2–20 years in prison)

Can I Get Probation for a Felony Assault?

Yes—but it depends on the facts of the case and the court’s discretion.

More Likely When:

  • You’re a first-time offender

  • The injury was not life-threatening

  • No deadly weapon was involved

  • The victim is not opposing probation

  • Your lawyer near you negotiates effectively with the prosecutor

Less Likely When:

  • You used a firearm or deadly weapon

  • You have a prior felony record

  • The case involves family violence with choking

  • The victim is a public servant or there is significant community interest in punishment

Judges may offer community supervision (probation) instead of prison, but it often includes:

  • Monthly reporting

  • Random drug tests

  • Court-mandated classes (BIPP, anger management)

  • No-contact orders or GPS monitoring

  • Community service hours

What About Parole?

If sentenced to prison, you may be eligible for parole depending on the offense.

Parole Basics:

  • Eligibility generally begins after serving 1/4 of the sentence

  • Aggravated offenses (e.g., aggravated assault with a deadly weapon) have delayed eligibility

  • Parole decisions are made by the Texas Board of Pardons and Paroles

  • Good behavior and program participation help, but parole is never guaranteed

If you receive a 10-year sentence, you may be eligible for parole after 2.5 years—but early release is not automatic.

Felony Assault Sentencing in Harris and Galveston Counties

Harris County:

  • Felony assault cases are assigned to District Court

  • Judges may offer pre-trial diversion or deferred adjudication in rare cases

  • Felony prosecutors often seek prison time in aggravated or repeat family violence cases

  • Plea deals are typically stricter when weapons are involved

Galveston County:

  • Judges take a conservative approach, especially with domestic violence or public servant victims

  • Probation may be denied if the offense involves choking, children present, or repeat arrests

  • Jury trials are more common in high-stakes cases

Knowing the courtroom culture is crucial—which is why it’s so important to have a lawyer near you who practices in your specific county.

Long-Term Consequences of a Felony Assault Conviction

Beyond prison and fines, felony convictions can affect every part of your life.

Criminal Record:

  • Cannot be sealed or expunged

  • Shows up on all background checks

Employment:

  • Employers may terminate or refuse to hire you

  • Licensing boards may deny or revoke certifications

Gun Rights:

  • Felons cannot legally possess firearms

  • Firearm rights are difficult to restore

Immigration:

  • Felony assault may result in deportation, inadmissibility, or loss of legal status

Family Court:

  • Can affect child custody, visitation, or divorce proceedings

Social Consequences:

  • Stigma, damaged relationships, and inability to live in certain housing

A felony conviction follows you for life. That’s why early legal strategy is everything.

How a Lawyer Near You Can Help

If you’re facing felony assault charges, don’t wait to get help. Every word you say to law enforcement, every bond hearing, and every court appearance can shape the outcome.

At the Law Office of JL Carpenter, we defend clients in Harris County, Galveston County, and beyond who are charged with third- or second-degree felony assault. JL is a former felony prosecutor, so she knows exactly how the State builds its case—and how to challenge it.

Whether your goal is dismissal, reduction to a misdemeanor, or avoiding prison altogether, we can help you build a defense rooted in facts, fairness, and strategy.

Call (713) 201-6767 or visit https://www.jlcarpenterlaw.com/contact/ to schedule your confidential consultation with a trusted lawyer near you.