Definition of Bodily Injury in Texas

One of the most frequent questions I receive in an assault bodily injury or domestic violence case is, “why was I arrested for assault when there were not any physical injuries?” My response to this question almost always begins with an explanation of the legal definition of bodily injury in Texas. The legal definition of bodily injury can be found under Texas Penal Code Section 1.07 (8).

What is Bodily Injury? “Bodily Injury means physical pain, illness, or any impairment of physical condition.” Texas Penal Code § 1.07 (8).

As you can see, the definition of bodily injury in Texas is very broad and it does not take much to make an allegation or establish the element of “bodily injury” in an Assault Bodily Injury or Assault Causing Bodily Injury to a Family Member case.

Bodily injury does not require that someone goes to the hospital or receive medical treatment. It also does not require that EMS be called or even any visible sign of physical injury such as a bruise, scratch or red mark. The alleged victims’ statement that they felt pain is alone sufficient for an assault arrest. This is why a police officer will ask the alleged victim if he or she was “hurt” or felt any “pain.” If the alleged victim says yes, then the officer has been provided with probable cause that the bodily injury element has been met and will then make an arrest for assault causing bodily injury.

Contact an Assault Defense Lawyer in Austin, Texas

If you have been arrested for assault or domestic violence in Austin, TX, having an Austin assault defense lawyer represent and defend you against criminal prosecution can make an essential difference in the outcome of your case. To discuss your felony or misdemeanor assault case in full detail, please contact the Law Office of Kevin Bennett at (512) 476-4626. You may also contact us through email.