Aggravated assault is a felony in Texas. A conviction could mean significant prison time, fines, and a permanent criminal record. However, facing allegations or charges does not mean a conviction is inevitable.
Working with a Houston assault defense lawyer can help you present a strong defense, protect your rights, and get the best possible outcome based on the facts of your case. Having an experienced attorney from our firm build a strong case can make a difference in your future.
What Charge Could I Face for Aggravated Assault in Texas?
Aggravated assault is a felony under Texas law. However, the degree of felony depends on the specific circumstances of the case.
Aggravated assault is generally a second-degree felony unless specific factors elevate it to a more serious charge. The possible penalties for a second-degree felony conviction include:
- Between two and 20 years in prison
- Fines of up to $10,000
The possibility of probation, parole, or additional consequences will depend greatly on the details of the case.
Individuals accused of aggravated assault could face first-degree felony charges when:
- The victim is a police officer, firefighter, or another public servant injured in the line of duty.
- The victim is a witness or another party, and the assault occurs due to their involvement in another case.
- The defendant uses a deadly weapon and causes severe bodily harm to a family member.
- The defendant fired a gun from a vehicle during the assault.
Those convicted of a first-degree felony could face consequences that include:
- Up to 99 years or life in prison
- Fines of up to $10,000
- Limited possibility of parole because of the violent nature of the crime
How Does Texas Law Define Aggravated Assault?
Under Texas Penal Code § 22.02, aggravated assault occurs when a person:
- Causes serious bodily injury to another person, including a substantial risk of death, permanent disfigurement, or long-term impairment
- Uses or threatens use of a deadly weapon, such as a gun, knife, or other dangerous object
Aggravated assault is an enhancement of simple assault, which is defined by Texas Penal Code § 22.01. Assault occurs when someone:
- Intentionally, knowingly, or recklessly causes bodily injury
- Threatens someone with imminent bodily harm
- Otherwise engages in offensive physical contact
What Are Some Defenses Against Texas Aggravated Assault Charges?
When you work with a criminal defense lawyer to handle your aggravated assault case, they will look at the circumstances and specific details of the case and develop a strong legal strategy to defend your future and freedom. A conviction is not inevitable.
Some common defenses used in aggravated assault cases could include:
Self-Defense or Defense of Others
Texas law allows individuals to use force when they believe it is necessary to protect themselves or others. If you acted in response to a threat, we may be able to argue that you were exercising your right under Stand Your Ground laws by showing that you intended to defend yourself or others from harm.
Lack of Intent
Assault charges in Texas always require the prosecution to show intent. They must prove you intended to cause injuries or acted recklessly with a deadly weapon, knowing it could cause serious injury. An accident will not support an aggravated assault charge.
False Allegations
False allegations can occur because of anger, revenge, or misunderstanding. Our attorney can present evidence to show you did not commit the crime. This often includes witness testimony, video of the alleged incident, and a strong alibi.
No Serious Bodily Injury
If the alleged victim did not suffer serious bodily injury or there is evidence to show their injuries were suffered because of another incident, the charge may be reduced or dismissed.
Lack of a Deadly Weapon
If the prosecution cannot prove there was a deadly weapon present, the charge might be reduced to simple assault. The penalties for a conviction would be reduced, as well.
How a Criminal Defense Attorney Will Help You With a Texas Aggravated Assault Charge
A Texas aggravated assault charge is serious. The outcome of your case could be life-altering. You could face significant penalties, a permanent criminal record, and other financial and social consequences. Having the right attorney on your side representing you is critical for several reasons:
They Understand Texas Law
Our attorney knows how to interpret and apply Texas laws, allowing him to build the strongest possible legal strategies and defenses. He will also protect your rights and take action if they were violated during your arrest or questioning.
Negotiating Lesser Charges or Penalties
Depending on the legal strategy we employ in your case, your lawyer may work to reduce the severity of your charges or negotiate a deal for lesser penalties.
Gathering and Presenting Evidence
Our criminal defense attorney will thoroughly investigate your case. We will review all official reports, read witness statements, review video footage, and take other steps to determine what happened. Sometimes, it is possible to get charges dismissed for insufficient evidence.
Aggravated assault is a felony crime in Texas. The consequences of a felony conviction are severe and could mean spending extended time in prison and paying significant fines.
Whether you face a second- or first-degree felony charge, your freedom and future are at stake. Our attorney and legal team are here to help.
Discuss Your Texas Aggravated Assault Allegations With Our Team
A strong legal defense can make a difference in your future. If you are accused of aggravated assault, you want our Texas criminal defense attorney on your side as soon as possible. Our team can protect your rights and fight for the best possible outcome.
At Blass Law, Attorney Jay Blass Cohen is a certified lawyer-scientist who has dedicated his entire career to defending Texans from criminal charges, including assault and aggravated assault cases.
If you or a loved one face allegations or charges, we provide confidential consultations. Contact us today to learn how our team can help you fight for justice.