Aggravated Assault in Texas

As outlined in Texas Penal Code § 22.02, aggravated assault occurs when a person causes serious bodily injury to someone else or commits an assault while using or exhibiting a deadly weapon. The legal definition of serious bodily injury covers any harm that carries an elevated risk of death, causes a permanent disfigurement of the body or long-term impairment of a particular part. The legal definition of what constitutes a deadly weapon runs the gamut from firearms and knives to any common object, so long as it is used in a dangerous manner.

Either of these two stipulations – serious injury or use of a deadly weapon – can lead to an incident being charged as aggravated assault. And various situations could qualify. For example, if someone throws a punch at another person in a bar fight, it could be considered aggravated assault if the strike causes a broken jaw or leads to other lasting harm. If one partner is choked to the point of near unconsciousness during a domestic dispute, that could be aggravated assault. And any incident involving a weapon, be it a person waving a gun at another person or striking them with a lead pipe, can lead to aggravated assault charges.

Under Texas law, aggravated assault is considered a felony and a step up from simple assault. A separate charge defined by the penal code, simple assault can be a misdemeanor (or lower felony in cases of family violence) and usually involves threats, offensive contact or minor injuries. Essentially, Texas law breaks down assault into four distinct categories:

• • Simple Assault
• • Aggravated Assault
• • Attempted Aggravated Assault, which exists to make sure even an unsuccessful attempt at assault will be treated as a serious crime.
• • Aggravated Assault with a Deadly Weapon, which is often deployed not only when a dangerous weapon is used or displayed, but can also describe offenses against family members, public servants or otherwise protected individuals.

What are the Penalties and Consequences for Aggravated Assault in Texas?

With each category of crime carrying progressively stronger consequences, based on the specifics of the charge and the incident, punishments will vary. That said, there are general sentencing guidelines prosecutors will follow based on the charges, the facts of the case, prior criminal history of the defendant and their relationship to the victim. Those sentencing ranges are as follows:

• • Aggravated Assault: A second-degree felony, this can carry a prison sentence of 2-20 years and fines of up to $10,000.
• • Attempted Aggravated Assault: While still charged as a felony, these charges will typically carry lower financial fines and shorter prison sentences than aggravated assault.
• • Aggravated Assault with a Deadly Weapon: Generally, a first-degree felony, these charges carry a sentence from 5 years on the low end to life in prison on the high end, along with fines of $10,000 or more.

Beyond fines and prison sentences, there are numerous penalties that follow a conviction for aggravated assault. These include:

• • Court-mandated probation or supervision by a probation officer, including curfews and regular reporting.
• • Random or scheduled screenings for drugs and alcohol.
• • Compulsory Counseling or Rehabilitation, ranging from anger management courses to substance abuse treatments and domestic violence intervention programs.
• • Required Community Service from dozens to hundreds of hours.
• • Placement of protective orders requiring those convicted avoid specific locations or contact with the victim.
• • Payment of restitution to the victim to compensate for lost wages, property damage or medical bills.
• • Other prohibitions from travel restrictions to firearm prohibitions.

That’s to say nothing of the long-term consequences that stem from a conviction, including a permanent mark on your criminal record, loss of voting or firearm rights, difficulties with immigration status, barriers to employment or finding housing, revocation of professional licenses and the social stigma of being a convicted criminal.

How Can Aggravated Assault Charges be Dismissed?

At the Law Offices of Ken Gibson, we’ve developed a strong track record of helping our clients see their aggravated assault charges reduced or dismissed altogether.

In one case, our client was charged with aggravated assault after a run-in with a very aggressive agitator at a local bar. While the state tried to portray our client as the person who instigated the fight, our careful examination of the evidence proved that our client’s use of force was proportionate to the threat they had faced from the other person. As we were successfully able to demonstrate that our client had acted in self-defense, all charges were dismissed, letting them move on with their life.

Another case saw a client facing serious consequences for aggravated assault following an altercation at an Austin night club. With a permanent felony record and prison time on the line, our defense team acted quickly to expose the faults in the case against our client and negotiate with the prosecution. By demonstrating the weaknesses in the case against our client and highlighting their willingness to engage in anger management and counseling, we were able to keep our client out of jail and protect their permanent record.

In these cases and so many more, we’ve proven that being charged with aggravated assault does not necessarily mean you will be convicted. There are several strategies we employ to prove it, demonstrating to prosecution that:

• • You acted in self-defense or in defense of others or their property. Texas law allows reasonable (and in some cases deadly) use of force in situations where you are forced to protect yourself against attack, defend others from harm or prevent theft or damage to property.
• • Your actions were unintentional. One of the requirements of an aggravated assault conviction is for prosecution to provide proof you meant to cause harm or threaten another. Showing that the situation was an accident can lead to dismissal.
• • You were the victim of mistaken identity or false allegations, either in the chaos of the moment or through intentionally misleading testimony.
• • You did not use a deadly weapon. Particularly in cases where the use of a deadly weapons is being used by prosecutors to enhance penalties, showing that the weapon in question was not used can be advantageous.
• • The evidence against you is insufficient to secure a conviction. The burden of proof falls on the prosecution, and showing a lack of evidence such as medical records or photographic evidence of injuries can lead to reduction or dismissal in charges.

The ultimate goal is to see aggravated assault charges dismissed. In some cases, they can also be reduced to a lesser charge through negotiations with the prosecutors. Lesser charges such as Simple Assault, Deadly Conduct or Disorderly Conduct will carry far fewer consequences than aggravated assault.

There are also ways to pursue alternatives to a conviction. This could include deferred adjudication, wherein the defendant enters into a period of supervision like probation, counseling, community service and/or drug, alcohol or family violence rehabilitation. Once that period is successfully completed, no conviction is entered into the permanent record and any records can potentially be sealed.

Pre-Trial Diversion programs like these could potentially allow a case to be expunged, or to undergo deferred adjudication in which a conviction still exists but is sealed through an order of nondisclosure. Otherwise, even a reduced conviction can become a permanent mark on your criminal record.

How We Can Help

The Law Office of Ken Gibson built our reputation on relentless preparation, because that’s what it takes to win cases. From the moment you see us for a free, confidential case evaluation, we pursue your case as if a trial is a certainty. We dig into every detail, challenge every assumption and scrutinize every piece of evidence against you to expose the flaws in the state’s case. By outthinking and outworking the prosecution, we stay ahead of them and find the details that make the difference in securing a win.

Call us today for your free obligation where we will listen to your story, explore the options before you and secure the facts of your case. When it’s done, you’ll have peace of mind, a better understanding of your situation, and renewed confidence in your future. Submit your contact information below to get started.