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  • Writer's pictureBrian Foley

How can you be guilty of assault if it didn't leave a mark?

Updated: Jun 25, 2021

For anyone who's ever been punched in the stomach, or guys who've been kicked in the . . . .

You know that you can feel pain but have no observable marks. But what does the law say? Can someone claim that you assaulted them when there is no observable mark on them? The answer may surprise you.

Texas Penal Code 22.01 provides that a person commits [assault] if the person intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse[.]

Texas Penal Code 1.07 provides that "Bodily injury" means physical pain, illness, or any impairment of physical condition.

The key is that "or" after illness. It means that a prosecutor who wants a conviction can try a case where there was no mark, and no third party witness as long as a complainant states that they felt pain. If you're fighting an allegation like this one, don't do it alone. Call me now. Brian Foley Law PLLC 936-596-0407.

If your situation is like Michael and Dwight below you might fall under Sec. 22.06. CONSENT AS DEFENSE TO ASSAULTIVE CONDUCT.


For litigants who do not have counsel: Reading this blog post does not create an attorney client relationship. Call to set up a free consultation. For the general public: This Blog/Web Site is for educational purposes only and it provides general information and a general understanding of the law, but does not provide specific legal advice. By using this site, commenting on posts, or sending inquiries through the site or contact email, you confirm that there is no attorney-client relationship created. Don't just read this as a substitute for competent legal advice from a licensed attorney. For attorneys: This Blog is informational and educational in nature and is not a substitute for Westlaw or other research and consultation on specific matters pertaining to your clients. As you know the law can change day to day based on recent case opinions. And unfortunately you shouldn't cite it in court as binding authority because it is not. Mention it to your friends, just seek real consultation if its something important.

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