Aggravated assault is a serious criminal offense in Texas that carries severe legal consequences, including substantial fines, long-term imprisonment, and a permanent criminal record. If you or someone you know has been arrested or charged with aggravated assault in Texas, you need to seek immediate legal representation and protect your future.
A conviction for aggravated assault can drastically alter your future, impacting your employment opportunities, reputation, and personal freedoms for the rest of your life. In addition to legal penalties, a conviction can result in lifelong social and financial difficulties, including difficulty obtaining housing, securing loans, or even maintaining personal relationships.
The complexity of Texas law — and aggressiveness of Texas prosecutors on aggravated assault cases — makes it essential to have an experienced defense attorney on your side. Contact Guzman Law Firm today at (956) 516-7198 or schedule online to protect your rights and build a strong defense.
What is aggravated assault in Texas?
In Texas, aggravated assault is defined as an act of assault that…
- Results in serious bodily injury to another person; or,
- Involves the use or exhibition of a deadly weapon during the commission of the crime.
Unlike a simple assault charge, which may involve minor physical altercations or threats, aggravated assault is a felony offense that carries significant legal repercussions.
If you have been charged with aggravated assault, it’s important to understand that every case is unique. The following circumstances surrounding your case can significantly influence the outcome:
- Whether the alleged victim suffered injuries
- If there were any witnesses
- Whether a deadly weapon was involved
Is aggravated assault the same as deadly conduct in Texas?
No, aggravated assault and deadly conduct are separate charges under Texas law. Deadly conduct in Texas typically involves reckless actions that put others in danger, such as discharging a firearm recklessly or engaging in conduct that could cause serious bodily harm.
While both offenses are serious, aggravated assault involves intentional harm or the use of a deadly weapon, making it a more severe charge with harsher penalties.
The aggravated assault Texas penal code
Texas Penal Code Section 22.02 defines aggravated assault and distinguishes it from other types of assault charges like simple assault.
Assault vs aggravated assault in Texas
| Charge | Definition | Classification |
| Assault | Causing bodily injury, threatening harm, or making physical contact in an offensive manner | Class A Misdemeanor to Third-Degree Felony |
| Aggravated Assault | Causing serious bodily injury or using/exhibiting a deadly weapon during an assault | Second-Degree to First-Degree Felony |
Continue reading for a fuller explanation of assault vs aggravated assault in Texas
Penalties for aggravated assault in Texas
The penalties for aggravated assault vary based on factors such as prior criminal history, whether a deadly weapon was used, and whether the victim was a public servant, family member, or law enforcement officer.
How long do you go to jail for aggravated assault in Texas? As you can see from the table below, even for a first-time offender, aggravated assault with a deadly weapon in Texas carries stiff penalties in the form of felony charges, years in prison, and thousands of dollars in fines:
| Offense | Charge Classification | Prison Sentence | Fines |
| First-Time Offender | Second-Degree Felony | 2 to 20 years | Up to $10,000 |
| Repeat Offender | First-Degree Felony | 5 to 99 years or life | Up to $10,000 |
| Against Family Member | First-Degree Felony | 5 to 99 years | Up to $10,000 |
| Against a Public Servant | First-Degree Felony | 5 to 99 years | Up to $10,000 |
Is aggravated assault for family violence in Texas treated differently?
Yes, aggravated assault involving family violence is treated more harshly under Texas law. If the assault is committed against a spouse, partner, or household member, the charges can be elevated to a first-degree felony, significantly increasing the potential prison sentence. Texas courts take domestic violence cases very seriously, and a conviction can lead to severe penalties, including loss of parental rights, protective orders, and mandatory counseling.
Why you shouldn’t face aggravated assault in Texas alone
Facing aggravated assault charges in Texas is not something you should handle without experienced legal representation. The stakes are incredibly high, and involve penalties that can impact your freedom, finances, and future.
Prosecutors will work aggressively to convict you, often pushing for the maximum sentence. Without a skilled attorney, you risk missing key defense opportunities and legal technicalities that could work in your favor.
Even if you believe the case against you is weak, representing yourself or relying on a court-appointed attorney can put you at a severe disadvantage. The legal system is complex, and navigating it without proper legal knowledge can result in unintended self-incrimination or accepting an unfavorable plea deal.
An experienced criminal defense lawyer will analyze the evidence, identify weaknesses in the prosecution’s case, and build a strong defense strategy tailored to your circumstances.
How a skilled Laredo criminal defense attorney can help
- Investigating the case: A criminal defense attorney will examine the circumstances surrounding the charges, looking for inconsistencies, lack of evidence, or procedural errors.
- Challenging evidence: Your lawyer can dispute the prosecution’s claims, challenge witness testimony, and ensure that law enforcement followed proper procedures.
- Negotiating plea deals: In some cases, an attorney may negotiate a reduced charge or alternative sentencing to avoid the harshest penalties.
- Building a strong defense: Possible defenses include lack of intent or mistaken identity. A lawyer will craft the best defense strategy for your specific situation.
Additionally, if your case involves a self-defense claim, an attorney can work to prove that you were acting in defense of yourself or another person.
Facing aggravated assault charges in Texas? Call Guzman right away.
If you or a loved one has been charged with aggravated assault in Texas, don’t wait to seek legal help. The impact of a conviction goes beyond prison time and fines; felony convictions can make it difficult to secure employment, housing, or even professional licenses for the rest of your life.
A criminal defense attorney like Javier Guzman will not only fight to reduce or dismiss your charges but also help you explore post-conviction relief options, such as record sealing or expungement, if you are eligible.
The sooner you involve an experienced criminal defense attorney, the better your chances of a favorable outcome. Guzman Law Firm is ready to fight for your rights and provide the defense you deserve. Schedule a consultation or call us at (956) 516-7198 and start building your defense strategy.
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