What is Aggravated Assault with a Deadly Weapon in Texas?

Understanding Aggravated Assault with a Deadly Weapon in Texas: Definitions, Consequences, and Legal Defense

Aggravated assault with a deadly weapon is a serious criminal charge in Texas, carrying significant legal consequences. Under Texas Penal Code § 22.02, aggravated assault is defined as an assault that either causes serious bodily injury to another person or involves the use or exhibition of a deadly weapon during the commission of the assault.

Book a consultation

Definition and Elements

To better understand this offense, it's crucial to break down its key components:

Assault

This involves intentionally, knowingly, or recklessly causing bodily injury to another person, threatening another with imminent bodily injury, or causing physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Serious Bodily Injury

This refers to an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ.

Deadly Weapon

A deadly weapon can be any firearm or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This includes obvious weapons like guns and knives, but can also extend to everyday objects used in a manner that could cause significant harm, such as a car or a baseball bat.

Legal Consequences

Aggravated assault with a deadly weapon is typically charged as a second-degree felony, which can result in a prison sentence ranging from 2 to 20 years and fines up to $10,000. However, if the offense is committed against a public servant, a family member, or someone in a dating relationship, it may be elevated to a first-degree felony, with even harsher penalties.

Defense and Legal Assistance

If you or someone you know is facing charges of aggravated assault with a deadly weapon, it is imperative to seek legal assistance immediately. The Hooton Law Center specializes in defending individuals against such serious charges, offering experienced and strategic legal representation to navigate the complexities of the Texas legal system. Contact us to ensure your rights are protected and to explore all possible defenses in your case.

Share by: