In Texas, aggravated assault is a serious crime that carries significant penalties for those convicted. Unlike simple assault, which might involve threats or minor injuries, aggravated assault is far more severe. It’s a distinction that elevates the gravity of the offense and, consequently, the urgency for those accused to understand their legal standing and options.
Aggravated Assault Defined Under Texas Law
The Texas Penal Code Ann. §22.02 defines aggravated assault with a deadly weapon as a criminal offense involving a person who commits an assault as defined in this section when that person also “causes bodily injury to another, including the person’s spouse” or “uses or exhibits a deadly weapon during the commission of the assault.”
- Serious Bodily Injury: This term goes beyond minor or superficial wounds. It refers to injuries that pose a risk of death, cause permanent disfigurement, or result in long-term loss or impairment of the function of any bodily member or organ.
- Use or Exhibition of a Deadly Weapon: A deadly weapon is not limited to firearms. It encompasses any object that in the manner of its use or intended use is capable of causing death or serious bodily injury – this can include knives, clubs, or even a person’s hands.
A person can be charged with Aggravated Assault with a Deadly Weapon even if there are no injuries caused by the use of a deadly weapon. However, it must be alleged that the person intentionally or knowlingly threatened imminent bodidly injury and also used or exhibited a deadly weapon while committing the assault for this to be the case.
While aggravated assaults in Texas are generally classified as a second-degree felony, there are several ways the charge can be enhanced to a first-degree felony.
The degree is based on several critical factors such as:
- Victim’s Identity: The relationship or status of the victim plays a significant role. For instance, assaults committed by or against certain protected classes, such as public servants or family members, are treated with greater severity.
- Use of a Deadly Weapon: The use of a deadly weapon during the commission of the assault automatically escalates the seriousness of the charge by making it a first-degree offense.
What are the Potential Penalties?
The penalties for Aggravated Assault can be severe, encompassing a wide range depending on the specifics of the offense:
- Second-Degree Felony: Generally, aggravated assaults fall under this category and are punishable by 2 to 20 years in prison and potential fines up to $10,000.
- First-Degree Felony: In cases where the assault involves certain “aggravating” factors, the charge can be elevated to a first-degree felony and may result in 5 to 99 years, or even life, in prison, alongside hefty fines.
Charged with Aggravated Assault with a Deadly Weapon in Texas?
Our skilled team of attorneys is prepared to tackle the challenges of aggravated assault cases head-on. With meticulous attention to detail, we examine every piece of evidence, every witness statement, and every legal precedent that can influence the outcome of a case. We have defended hundreds of assault charges in Collin, Denton, and Dallas Counties and are ready to build a robust and persuasive defense that challenges the prosecution’s claims and seeks the most favorable outcome for our clients.
If you or someone you know is facing charges of aggravated assault in Texas, time is of the essence. Contact Barbieri Law Firm, P.C., at 972-424-1902 or online to schedule a free consultation. Our experienced Texas criminal defense team is ready to stand by your side, offering the dedicated support and aggressive representation you need. Remember, facing charges does not have to mean facing the future alone. We’re here to help guide you through this challenging time and fight for the best possible outcome.