In Texas, aggravated assault is defined as when an individual commits an assault and adds one or more aggravating factors, making the offense more severe than simple assault. This is a criminal offense in Texas and should be taken seriously, as it can have lifelong consequences. In this blog, we will be going over the different degrees of aggravated assault in Texas and the factors that affect the degree of charge.
The Different Degrees of Aggravated Assault
There are only two degrees of aggravated assault in Texas, first-degree and second-degree. The degree depends on the severity of the assault, with the first-degree being the most severe. Here is an overview of each degree:
First-Degree Felony Aggravated Assault
For aggravated assault to be classified as a first-degree felony in Texas, it must include one or more of these aggravating factors:
- Assault on a Public Servant: Assaulting a public servant, especially when the defendant knew or should have known the victim was performing official duties.
- Intent to Cause Serious Harm: When there is clear intent to cause serious bodily injury or use a deadly weapon.
Some of the penalties for a first-degree felony conviction in Texas include:
- Prison Time: 5 to 99 years.
- Fines: Up to $10,000.
Penalties vary depending on the circumstances, such as if the individual has a previous criminal record.
Second-Degree Felony Aggravated Assault
Second-degree felony aggravated assault in Texas has less severe aggravating factors compared to first-degree offenses but still involves significant harm. Here are some examples of cases that may be classified as second-degree felonies:
- Assault Causing Serious Bodily Injury: When the assault results in injuries that are serious but not necessarily life-threatening or disfiguring.
- Threat with a Deadly Weapon: Using a deadly weapon to threaten serious harm without actually causing such injury.
Some penalties for a second-degree felony conviction in Texas include:
- Prison Time: 2 to 20 years.
- Fines: Up to $10,000.
Factors Affecting the Degree of Charge
Other factors can affect the degree of the aggravated assault charge, including the nature of the victim. If the victim was a police officer or emergency responder, this can increase the severity of the assault. Additionally, if the weapon that was used is considered deadly, such as a knife or gun, this can also impact the degree of charge. Lastly, if the injuries the victim sustained were serious, life-threatening injuries, this makes the case more severe than if the victim had less critical injuries.
Facing Aggravated Assault Charges? C.L. Swisher is Here to Help
Understanding the different degrees of aggravated assault in Texas is essential for anyone who may be facing these charges. If you or a loved one is facing aggravated assault charges, it is important to seek legal guidance immediately. With it being a criminal offense, this charge can have an impact on your record and quality of life if not approached correctly. Don’t face these charges alone—reach out to C.L. Swisher, an experienced criminal defense attorney in Houston, and get the support you need.
