Aggravated assault in Texas is a criminal offense and comes with many different penalties. In Texas, aggravated assault is defined as intentionally or recklessly causing serious bodily injury to another person, or using a deadly weapon during an assault. While all aggravated assault charges are felonies, the penalties differ depending on the circumstances of the incident. In this blog, we’ll go over the different degrees of aggravated assault in Texas, what can influence these charges, and what penalties you can face with these charges.
What Determines the Degree of Aggravated Assault?
In Texas, there are a few different factors that can influence whether an aggravated assault charge is a second-degree or first-degree felony:
- Use of a Deadly Weapon: If a deadly weapon is involved, like a firearm, knife, or any object that can cause serious harm or death, the charge becomes more serious.
- Serious Bodily Injury: The extent of the injury matters. If the assault causes serious bodily injury, permanent disfigurement, or results in loss of function of a body part, the charge will be more severe.
- Who the Victim Is: Assaulting a public servant, such as a police officer, firefighter, or paramedic, while they’re on duty can cause the charge to be a first-degree felony.
Second-Degree Felony Aggravated Assault
Aggravated assault is considered the second-degree in situations where a deadly weapon was used, or serious bodily injury occurred, but without any additional aggravating factors. Typically, aggravated assault charges are considered second-degree if the assault was not planned.
Penalties for a Second-Degree Felony:
- Prison: 2 to 20 years in a Texas state prison.
- Fines: Up to $10,000.
First-Degree Felony Aggravated Assault
Aggravated assault can be upped from a second-degree to a first-degree felony if certain aggravating factors are present. This is the most severe degree of aggravated assault in Texas. Some aggravating factors include:
- Assault on a Public Servant: If the assault is committed against a police officer, firefighter, or paramedic while they’re on the job, the charge can be elevated to a first-degree felony.
- Domestic Violence: Assaults involving family members or individuals in a domestic relationship, especially when serious injury or a deadly weapon is involved, can also be classified as first-degree felonies.
Penalties for a First-Degree Felony:
- Prison: 5 to 99 years, or even life in a Texas state prison.
- Fines: Up to $10,000.
The consequences of a first-degree or second-degree felony come with consequences that can affect the rest of your life. With the potential for life imprisonment, it is important to take these charges seriously.
Factors That Can Influence Sentencing
Even after determining the degree of the crime, there are still other factors that can affect sentencing:
- Criminal History: If the defendant has prior convictions may face harsher penalties.
- Plea Bargains: Depending on the case, a plea deal could be negotiated. This might result in reduced charges or lesser penalties in exchange for a guilty plea.
- Mitigating Factors: Things like showing remorse, a clean criminal record, or cooperation with law enforcement could lead to a lighter sentence.
Facing Charges? Get Legal Help Now
Whether it’s a second-degree or first-degree felony, the consequences for aggravated assault charges can be severe. Ranging from lengthy prison sentences to large fines. The degree of the charge depends on the circumstance such as if any aggravating factors are present or if you have a previous record. If you or someone you know is in this situation, seek legal help as soon as possible.
If you’re facing aggravated assault charges, it’s crucial to get legal help right away. The right attorney can help you understand your options, build a defense, and work toward the best possible outcome. In Houston, C.L. Swisher is a seasoned criminal defense attorney ready to assist you. Contact C.L. Swisher today to discuss your case and explore your options.
