Aggravated assault is a serious charge in Texas, and one with severe penalties to match this severe crime. If you have been charged with aggravated assault, it is important that you hire legal counsel as quickly as possible. We will work directly with you and law enforcement during interviews, at the same time that we are building your defense. Too often, charges become much harder to deal with because a suspect makes an error in something they say during an interview, and either further incriminates themselves, or the charges are amplified because of a miswording or misunderstanding of legal procedures.
With the team at Cole Paschall, the case will be handled by an experienced criminal defense attorney in Fort Worth who is dedicated to making sure the trial is handled fairly, and that the outcome is fair and just. During your initial consultation, we will discuss the circumstances of your arrest, the situation that led to the assault, as well as how we will handle your case as your representatives. Read more below about aggravated assaults, and contact us now to get started on your defense.
What is Aggravated Assault?
Aggravated Assault is when an individual assaults someone else, or threatens to assault someone else, with an object that is considered to be a ”deadly weapon” in the state of Texas. This means that simply brandishing a deadly weapon can be treated as a serious case of assault, even if it was meant to intimidate and there was no intention of actual harm.
Section 22.02 of the Texas Penal Code clarifies that Aggravated Assault takes place “if the person commits assault as defined in Sec. 22.01 and the person:
- Causes serious bodily injury to another, including the person’s spouse; or
- Uses or exhibits a deadly weapon during the commission of the assault”
This means that if an assault takes place (causing injury, threatening injury, or making unwanted physical contact) while a deadly weapon is present, the charges and associated penalties are increased drastically.
Examples of Deadly Weapons
Some examples of objects that are considered to be deadly weapons in Texas include:
- Firearms
- Knives
- Clubs
- Anything designed to kill or seriously injure
In addition, the state may consider any object as a deadly weapon depending on the context of its use. For instance: a hair dryer, when used properly, is not a weapon, but a beauty tool. However, if an individual were to strike another with a hair dryer, the context of the object would change, and it is likely that it would be considered a deadly weapon by the manner of use.
In this context, even a kick with a boot can be considered assault with a deadly weapon, because the boot was used as a way to increase the injury delivered to the victim.
Penalties for Aggravated Assault
Since the nature of an aggravated assault is more serious than a simple assault, it is no surprise that the penalties for aggravated assaults are also more serious than simple misdemeanor assault. Aggravated assault is a felony charge, either in the first- or second-degree.
Second-degree Felony Aggravated Assault Penalties
Second-degree felony charges for aggravated assault come with possible penalties of between 2 and 20 years in prison, as well as a fine of up to $10,000.
First-degree Felony Aggravated Assault Penalties
A first-degree felony charge of aggravated assault can come with the possibility of between five years and a life sentence in prison, as well as a fine of up to $10,000.
The circumstances of your charges may change, or your penalties may increase if you are given more than one charge. We will work to ensure that your case is fair, and that the outcome is as positive as possible given the situation.
