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The prosecution often will not make this distinction in the charging document so it is important that your defense attorney pay attention to this distinction, especially if your case is headed to a jury trial.
The offense of Aggravated Assault is one that can be proven by the State if the prosecution can prove the defendant acted intentionally, knowingly, or even recklessly.
Alleged victims simply claiming discomfort or annoyance will not establish bodily injury sufficient for you to be convicted of Assault Bodily Injury.
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According to the Texas Penal Code, “bodily injury” means physical pain, illness, or any impairment of physical condition.
For example, if a driver tries to cut off another driver or maneuvers his vehicle to potentially run another vehicle off the road, especially on a highway or other roadway with a high speed limit, he places the other driver in danger of serious bodily injury because his action could cause a motor vehicle accident or collision.A person acts intentionally, or with intent, with respect to the nature of his conduct when it is his conscious objective or desire to cause the result.A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist.The offender uses a deadly weapon in committing the assault AND causes a serious bodily injury to the victim AND victim is a family or household member OR someone the offender is or has dated or had an intimate relationship with, qualifying this offense as a domestic assault.The offender shoots a firearm from a motor vehicle at a house, building or a motor vehicle with reckless disregard for whether the house, building or motor vehicle is occupied or causes serious bodily injury to the victim.
Under Penal Code 22.02, Aggravated Assault with a Deadly Weapon charge becomes a First Degree felony if it is shown that the victim was a family member of the defendant.