What type of assult is it is someone tries to hit you with something in their hand?

Full question:

If one attempts to hit and fight you and has something (unidentifiable) in their hand and has to be forcefully restrained to not attack you physically and is using "fighting words" is this attempted battery or a threatened battery type of assault or assault? or what is this offense?

• Category: Criminal
• Subcategory: Assault
• Date: 04/07/2025
• State: Texas

Answer:

The following are Texas statutes:

§ 22.01 PENAL. Assault

(a) A person commits an offense if the person:

(1) intentionally, knowingly, or recklessly causes bodily injury to
another, including the person's spouse;

(2) intentionally or knowingly threatens another with imminent bodily
injury, including the person's spouse; or

(3) intentionally or knowingly causes physical contact with another
when the person knows or should reasonably believe that the other will
regard the contact as offensive or provocative.

(b) An offense under Subsection (a)(1) is a Class A misdemeanor,
except that the offense is a felony of the third degree if the offense is
committed against:

(1) a person the actor knows is a public servant while the public
servant is lawfully discharging an official duty, or in retaliation or on
account of an exercise of official power or performance of an official
duty as a public servant;

(2) a person whose relationship to or association with the defendant
is described by Section 71.0021 (b), 71.003, or 71.005, Family Code, if it
is shown on the trial of the offense that the defendant has been
previously convicted of an offense under this chapter, Chapter 19, or
Section 20.03, 20.04, or 21.11 against a person whose relationship to or
association with the defendant is described by Section 71.0021 (b),
71.003, or 71.005, Family Code;

(3) a person who contracts with government to perform a service in a
facility as defined by Section 1.07 (a)(14), Penal Code, or Section
51.02 (13) or (14), Family Code, or an employee of that person:

(A) while the person or employee is engaged in performing a service
within the scope of the contract, if the actor knows the person or
employee is authorized by government to provide the service; or

(B) in retaliation for or on account of the person's or employee's
performance of a service within the scope of the contract; or

(4) a person the actor knows is a security officer while the officer is
performing a duty as a security officer; or

(5) a person the actor knows is emergency services personnel while the
person is providing emergency services.

(c) An offense under Subsection (a)(2) or (3) is a Class C
misdemeanor, except that the offense is:

(1) a Class A misdemeanor if the offense is committed under Subsection
(a)(3) against an elderly individual or disabled individual, as those
terms are defined by Section 22.04; or

(2) a Class B misdemeanor if the offense is committed by a person who
is not a sports participant against a person the actor knows is a sports
participant either:

(A) while the participant is performing duties or responsibilities in
the participant's capacity as a sports participant; or

(B) in retaliation for or on account of the participant's performance
of a duty or responsibility within the participant's capacity as a sports
participant.

(d) For purposes of Subsection (b), the actor is presumed to have
known the person assaulted was a public servant, a security officer, or
emergency services personnel if the person was wearing a distinctive
uniform or badge indicating the person's employment as a public servant
or status as a security officer or emergency services personnel.

(e) In this section:

(1) "Emergency services personnel" includes firefighters, emergency
medical services personnel as defined by Section 773.003, Health and
Safety Code, and other individuals who, in the course and scope of
employment or as a volunteer, provide services for the benefit of the
general public during emergency situations.

(2) Repealed by Acts 2005, 79th Leg., ch. 788, § 6.

(3) "Security officer" means a commissioned security officer as defined
by Section 1702.002, Occupations Code, or a noncommissioned security
officer registered under Section 1702.221, Occupations Code.

(4) "Sports participant" means a person who participates in any
official capacity with respect to an interscholastic, intercollegiate, or
other organized amateur or professional athletic competition and includes
an athlete, referee, umpire, linesman, coach, instructor, administrator,
or staff member.

(f) For the purposes of Subsection (b)(2):

(1) a defendant has been previously convicted of an offense listed in
Subsection (b)(2) committed against a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code, if the defendant was adjudged guilty of
the offense or entered a plea of guilty or nolo contendere in return for
a grant of deferred adjudication, regardless of whether the sentence for
the offense was ever imposed or whether the sentence was probated and the
defendant was subsequently discharged from community supervision; and

(2) a conviction under the laws of another state for an offense
containing elements that are substantially similar to the elements of an
offense listed in Subsection (b)(2) is a conviction of an offense listed
in Subsection (b)(2).

§ 22.02 PENAL. Aggravated Assault

(a) A person commits an offense if the person commits assault as
defined in § 22.01 and the person:

(1) causes serious bodily injury to another, including the person's
spouse; or

(2) uses or exhibits a deadly weapon during the commission of the
assault.

(b) An offense under this section is a felony of the second degree,
except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault
and causes serious bodily injury to a person whose relationship to or
association with the defendant is described by Section 71.0021(b),
71.003, or 71.005, Family Code; or

(2) regardless of whether the offense is committed under Subsection
(a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant's office or
employment;

(B) against a person the actor knows is a public servant while the
public servant is lawfully discharging an official duty, or in retaliation
or on account of an exercise of official power or performance of an
official duty as a public servant;

(C) in retaliation against or on account of the service of another as a
witness, prospective witness, informant, or person who has reported the
occurrence of a crime; or

(D) against a person the actor knows is a security officer while the
officer is performing a duty as a security officer.

(c) The actor is presumed to have known the person assaulted was a
public servant or a security officer if the person was wearing a
distinctive uniform or badge indicating the person's employment as a
public servant or status as a security officer.

(d) In this section, "security officer" means a commissioned security
officer as defined by Section 1702.002, Occupations Code, or a
noncommissioned security officer registered under Section 1702.221,
Occupations Code.