Aggravated assault is a felony offense in the state of Texas. It is defined as when someone “intentionally or recklessly causes serious bodily injury to another person, or uses a deadly weapon during assault.” Aggravated assault charges vary from state to state. So it is important to be aware of different state definitions, degrees, and penalties. We will be giving an overview of what constitutes an aggravated assault in Texas as well as possible defenses.
Legal Definition and Elements
Aggravated assault is defined under Texas Penal Code Section 22.02 and is higher in severity than simple assault, by including factors such as serious bodily injury or the use of a deadly weapon.
There are aggravating factors that can increase the severity of the assault charges as well:
- Use of a deadly weapon: A deadly weapon is anything capable of causing death or serious injuries such as firearms, knives, or blunt objects.
- Inflicting serious bodily injury: Serious bodily injury is when there is a large risk of death or permanent disfigurement, loss, or impairment of body function.
- Assaulting a public servant or family member: Assaulting people such as police officers, or family members can increase the severity of the charge.
Degrees and Penalties
In Texas, aggravated assault typically falls under the classification of a second-degree felony, but it can be raised to a first-degree felony if any aggravating factors are present.
Penalties vary depending on the degree of the crime:
- Second-Degree Felony Penalties:
- Imprisonment: 2 to 20 years in a Texas state prison.
- Fines: Up to $10,000.
- First-Degree Felony Penalties:
- Imprisonment: 5 to 99 years or life in a Texas state prison.
- Fines: Up to $10,000.
Fines and imprisonment can be raised depending on the circumstances such as if the defendant has a previous conviction, or if the assault was committed while also pursuing another crime.
Defenses Against Aggravated Assault Charges
If you are facing aggravated assault charges, you have many different defense mechanisms you can use to strengthen your case:
- Self-Defense: This can be a strong defense in situations where the assault was necessary to protect yourself. Texas law does not require a person to retreat before using force, as long as they did not provoke the attacker or were engaged in criminal activity.
- Defense of Others: In Texas, you are allowed to use force to defend someone other than yourself if you reasonably believe the force is necessary to protect the other person from severe harm.
- False Accusations: The defense can argue that the assault never occurred or the victim is not telling the truth. This can be a good defense if there is no credible evidence you committed the assault.
When convicting someone of aggravated assault in Texas, the prosecution must prove every element of the crime. Including intent, the use of a deadly weapon, or infliction of serious bodily injury. If you are being charged with aggravated assault, it is important to be aware of the defense mechanisms and determine if any of them fit the situation of your case.
Reach Out to A Criminal Defense Attorney in Houston
Aggravated assault charges can come with serious penalties, fines, and a criminal record. If you or someone you know is facing aggravated assault charges, it is essential to seek legal guidance right away. An experienced attorney can help you prepare a strong defense, negotiate plea deals, challenge evidence, and speak on your behalf. Criminal charges are something that should be taken seriously and as diligently as possible.
For those in need of legal representation, C.L. Swisher, a criminal defense attorney in Houston, is ready to help. Contact C.L. Swisher today to discuss your case and explore your options for defense.
