An aggravated assault charge raises a fight, an argument, or an accident to the level of a serious felony. It can carry a long prison range, and a weapon allegation can limit the options available later. What happened, and what the evidence really shows, matters a great deal.
I have sat in every seat in the courtroom: as a criminal defense lawyer, as a Municipal Judge, and as a Felony Prosecutor. I know how aggravated assault cases are charged, and I can explain what is happening in plain English.
What you’re facing
Under Texas Penal Code §22.02, aggravated assault is an assault that also involves either:
- Serious bodily injury. This is more than a typical injury. It means an injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or long-term loss or impairment of a body part or organ.
- Using or exhibiting a deadly weapon. A firearm is a deadly weapon. So is anything that, in the way it is used or meant to be used, is capable of causing death or serious bodily injury. A knife, a bat, or even a vehicle can be alleged as a deadly weapon.
Aggravated assault is usually a second-degree felony, with a range of 2 to 20 years in prison. It becomes a first-degree felony, with a range of 5 to 99 years or life, in certain situations. Examples include:
- Using a deadly weapon and causing serious bodily injury to a family member, a household member, or someone in a dating relationship.
- An assault on a public servant who is on duty, or in retaliation for their duties.
- An assault in retaliation against a witness or someone who reported a crime.
- Certain shootings from a motor vehicle.
Why a deadly-weapon finding matters
When a judge or jury finds that a deadly weapon was used or exhibited in a felony, that finding goes into the judgment. With that finding, a judge cannot order community supervision (probation). Whether a weapon was really used, and whether the object meets the legal definition, is often one of the most important questions in the case.
If the case involves family violence, a magistrate must issue an emergency protective order when serious bodily injury or a deadly weapon is alleged. That order can bar contact, keep you away from your home, and prohibit you from having a firearm.
What to do now
- Do not talk with police or investigators about what happened until you have talked with a lawyer.
- Follow every bond condition and protective order exactly, even if the other person reaches out to you.
- Save records such as texts, photos, call logs, and the names of witnesses. Do not delete anything.
- Stay off social media about the case.
- Call me as soon as you can.
How I can help
As a former Felony Prosecutor, I know what goes into an aggravated assault file. As a defense lawyer, I use that understanding to look at:
- Medical records, and whether the injury meets the legal meaning of “serious bodily injury.”
- Whether the object alleged as a weapon fits the legal definition.
- The 911 call, body-camera video, photos, and each witness’s statements over time.
- Whether self-defense or defense of others may apply.
- Whether the facts support a lesser charge.
I will tell you what I see in the evidence and what your options are. You make the decisions.
Every case is different. Past results do not guarantee future results.
Frequently asked questions
No one was hurt. Can it still be aggravated assault? Yes. Using or exhibiting a deadly weapon can be enough, even without an injury, if the State also proves an assault, such as a threat.
What is the difference between assault and aggravated assault? Usually the injury or the weapon. Simple assault is often a misdemeanor. Serious bodily injury or a deadly weapon makes it a felony.
The other person started it. Does that matter? It can. Self-defense or defense of others may apply depending on the facts.
Can I have a gun while my case is open? Bond conditions or a protective order may prohibit it. Follow every condition, and ask me before doing anything with a firearm.
Talk with me about your case
Your consultation is free. Call me at (346) 366-7566. You can also email [email protected].