Aggravated Assault Lawyer in Laredo, TX
Protect Your Freedom With a Laredo Aggravated Assault Attorney
Being accused of aggravated assault in Texas can heavily impact your life in a negative way, which is why it is imperative to get in touch with the best aggravated assault lawyer in Laredo that you can find. Aggravated assault is one of the most serious charges that you can face in a Texas court. If you are convicted of aggravated assault, you can expect prison time after which you will emerge a felon with limited prospects for employment and limited freedoms.
If you have been accused of aggravated assault, an experienced Laredo assault lawyer may be the last line of defense between you and a life spent in the criminal justice system. Javier Guzman is an aggressive and dedicated criminal defense lawyer in Laredo, TX. The freedom of his clients is his number one priority. Call Guzman Law Firm today at (956) 333-3977 for relentless representation.
What is considered aggravated assault in Texas?
Aggravated assault, according to Texas Penal Code § 22.02, occurs when “one intentionally, knowingly, or recklessly causes serious bodily injury to another, including the person’s spouse; or uses or exhibits a deadly weapon during the commission of the assault.”
The two important pieces of this definition are “intentionally, knowingly, or recklessly” and the mention of aggravating factors. First, let us define intent, knowledge, and recklessness. Texas Penal Code § 6.03 defines general culpability as it relates to criminal responsibility, and defines the terms as:
- Intentionally: “a person acts intentionally, or with intent, with respect to the nature of his conduct or to a result of his conduct when it is his conscious objective or desire to engage in the conduct or cause the result.”
- Knowingly: “a person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result.”
- Recklessly: “a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”
So, in addition to the assault taking place, the court needs to either prove a conscious objective, awareness of conduct and its results, or a conscious disregard of circumstances posing a risk.
The difference between assault and aggravated assault is the presence of an aggravating factor. This can be a number of things, including assault committed against a public servant or a member of the government, but the most common aggravating factors in aggravated assault cases are serious bodily injury or the presence of a deadly weapon.
Serious bodily injury
There is a difference between bodily injury and serious injury. In a simple assault case, almost any amount of physical contact can be considered injurious. Serious injury in an aggravated assault case constitutes:
- An injury that creates a significant risk of death
- An injury that causes death
- An injury that causes serious and permanent disfigurement
- An injury that causes the impairment or protracted loss of function of any bodily member or organ
The seriousness of any bodily injury is generally decided by a judge or jury on a case-by-case basis, and is often largely results-dependent: the same action could be considered assault or aggravated assault depending on the outcome for the victim.
Assault with a deadly weapon
The other most common aggravating factor in aggravated assault cases is the commission of an assault using a deadly weapon. A deadly weapon is defined by Texas Penal Code § 1.07 as:
- A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury
- Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury
Because the second point is so broadly defined, the issue of whether or not something can be considered a deadly weapon is often deliberated on by a judge or jury and decisions can be highly situational. Deadly weapons can include firearms, knives, and explosives, but can include normal household items like pens, frying pans, and garden hoses.
Because the statutory language is so broadly defined for these key concepts, hiring an experienced criminal defense lawyer is crucial to your case. You need someone who can argue on your behalf if you plan on telling your truth. If you need a criminal attorney in Laredo, TX, you need to give Guzman Law Firm a call.
Texas aggravated assault penalties
Aggravated assault is automatically a felony in Texas and those convicted of aggravated assault automatically get prison time. Aggravated assault is a second-degree felony under normal circumstances, which represents a 2-20 year prison sentence and up to $10,000 in fines.
Aggravated assault can be upgraded to a first-degree felony under the following circumstances:
- You were previously convicted of aggravated assault
- You were convicted of assaulting a partner or household member
- You were convicted of assaulting a witness or informant in an ongoing investigation
- You were convicted of assaulting a public servant
- You were convicted of assaulting an emergency worker or uniformed security guard
A first-degree felony comes with a 5-99 year prison sentence and up to $10,000 in fines — if they decide not to throw you in prison for life.
Being convicted of aggravated assault can and will ruin your life. If you get out of prison, you will emerge a felon. Job and housing prospects will be critically reduced and your constitutional rights will be revoked. If you have any children, you’ll have virtually no chance to get sole custody in Texas, even with experienced Laredo divorce attorneys.
You’ve got to fight for your life.
Call Javier Guzman for an aggravated assault lawyer in Laredo, TX who won’t back down
If you or a loved one has been accused of aggravated assault in Texas you need to contact an experienced and aggressive aggravated assault lawyer ASAP. Every day that goes by is another day that you don’t have a defense. Call an experienced criminal defense lawyer, and make sure your story is told.
Javier Guzman is a relentless defender of his client’s rights, an accomplished criminal justice attorney, and a caring, loyal servant of the law. You need an attorney who isn’t afraid to take a case to trial and one who knows how to win. Call Guzman Law Firm today at (956) 333-3977 or contact us online for a free consultation.
The information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.