Aggravated assault turns a fight into a felony the moment someone’s hurt bad enough or a weapon shows up — and in Texas, “weapon” includes things you wouldn’t expect. A Houston aggravated assault lawyer can show you exactly what the State has to prove, and where their case is weaker than it looks.
What Makes an Assault “Aggravated”
- Serious bodily injury: Any injury that creates a substantial risk of death, causes disfigurement, or causes loss or impairment of a body part or organ.
- A deadly weapon: A gun, knife, or anything else — including a vehicle — used or displayed in a way capable of causing death or serious injury.
- No injury required: You can be charged with aggravated assault even if no one was hurt, simply for displaying a deadly weapon during an assault.
How Texas Punishes It
- Second-degree felony: 2 to 20 years in prison and up to a $10,000 fine — the baseline punishment range.
- First-degree felony: 5 to 99 years or life if the alleged victim was a public servant, witness, informant, or family/household member, or under other aggravating circumstances.
Where These Cases Fall Apart
Self-defense, defense of a third person, and defense of property are all available defenses — and Texas law gives you more room to stand your ground than most people realize. Whether an object even qualifies as a “deadly weapon,” and whether an injury actually meets the legal definition of “serious bodily injury,” is frequently overstated by the State.
Charged With Aggravated Assault? Contact Blass Law Now
This charge carries prison time from day one — not a fine, not probation as a given. Contact Blass Law for a confidential case evaluation or call (713)-664-4000 so we can start building your defense immediately.
Related Charges
- Assault on a Police Officer
- Deadly Conduct
- Terroristic Threat
- Aggravated Assault With a Motor Vehicle
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.