If you or someone you know is facing aggravated assault charges in Texas, it is important to know how the circumstances of the crime affect the degree of the charge. Intent is a crucial factor in determining the severity of an aggravated assault charge. In this blog, we will go over what intent is and how it impacts aggravated assault cases in Texas.
What is Aggravated Assault in Texas?
Aggravated assault, as outlined in Texas Penal Code Section 22.02, is a more serious offense compared to simple assault. It involves additional aggravating factors such as causing serious bodily harm or using a deadly weapon.
Several elements can increase the severity of assault charges, including:
- Use of a Deadly Weapon: This is any item capable of inflicting death or severe injury. Including firearms, knives, or blunt objects.
- Inflicting Serious Bodily Injury: Serious bodily injury refers to injuries that pose a significant risk of death, permanent disfigurement, or substantial impairment of bodily functions.
- Assaulting Specific Individuals: The severity of the charge increases if the assault involves public servants, such as police officers, or family members.
The Legal Definition of Intent
According to Texas law, “intent” refers to the purpose behind a person’s actions when committing a crime.
There are a couple of different types of intent that can be involved in aggravated assault cases:
- Specific Intent: This is when the defendant had a particular purpose or objective in mind when they committed the assault. This could be if the defendant intended to cause serious bodily injury or intended to use a deadly weapon.
- General Intent: This is when the defendant is aware that their actions are likely to cause harm, even if they do not have a desire to cause that harm. It means that the defendant intended to commit the act, but not necessarily the outcome.
How Intent is Proven or Inferred by Prosecutors
With intent being a crucial element of an aggravated assault case, it is something that prosecutors will try to prove.
Here are some ways that prosecutors will prove or infer intent in aggravated assault cases:
- Direct Evidence: Statements made by the defendant, admissions of guilt, or confessions where the defendant explicitly states their intent to commit aggravated assault.
- Circumstantial Evidence: This is the circumstances surrounding the crime, such as the defendant’s actions, and any statements made during or after the incident.
- Behavior and Actions: Any evidence of the defendant’s behavior leading up to and during the assault can show intent. Actions such as premeditation, planning, or targeting a specific victim can show specific intent.
- Witness Testimony: Testimonies from witnesses who observed the defendant’s behavior or heard their statements can provide insight into the defendant’s mental state and intent.
How Intent Affects Aggravated Assault Charges
Intent is one of the ways aggravated assault charges in Texas are classified as a first-degree or second-degree felony. An aggravated assault charge is considered a first-degree charge when the intent is specific and or planned out. Some examples of situations that might be considered first-degree aggravated assault are: assaulting a public servant, use of a deadly weapon (such as a knife or gun), and assault with intent to cause serious harm.
A second-degree aggravated assault charge is when the intent is general. In these cases, the defendant may not have intended to cause serious harm. A few examples of situations that might be considered second-degree aggravated assault are: assault without using a deadly weapon, or assaulting a non-public servant.
Understand the Role of Intent and Protect Your Rights
Whether intent is proven or not can significantly impact the outcome of an aggravated assault case. That’s why it is important to understand its implications and how you can potentially use it in your case. If you are facing aggravated assault charges, make sure to reach out to an attorney immediately. For those in need of legal representation, C.L. Swisher, a criminal defense attorney in Houston, is here to help and make sure your rights are protected. Contact C.L. Swisher today to discuss your case and explore your options for defense.
