Aggravated Assault with a Deadly Weapon in Texas | Charges and Consequences

Aggravated assault with a deadly weapon is one of the most serious violent crimes under Texas law. A conviction can result in lengthy prison sentences, hefty fines, and a host of collateral consequences that can impact your life for years to come.

If you or a loved one is facing charges of aggravated assault with a deadly weapon, it’s crucial to understand the law, the potential penalties, and your legal options. In this article, we’ll provide a comprehensive overview of this offense and discuss how our Texas criminal defense attorneys can help protect your rights and future.

What is Aggravated Assault with a Deadly Weapon in Texas?

Under Texas Penal Code §22.02, a person commits aggravated assault if they commit an assault (as defined in §22.01) and either:

1. Cause serious bodily injury to another person, including their spouse; or
2. Use or exhibit a deadly weapon during the commission of the assault.

In other words, aggravated assault is an assault that is elevated to a more serious offense because of the severity of the victim’s injuries or the defendant’s use of a weapon.

Serious Bodily Injury

Texas Penal Code §1.07(a)(46) defines “serious bodily injury” as an injury that creates a substantial risk of death, causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

This is a higher threshold than the “bodily injury” required for simple assault, which is defined as physical pain, illness, or any impairment of physical condition.

Examples of serious bodily injury could include:

• Injuries requiring surgery or extensive medical treatment
• Broken bones or fractures
• Deep lacerations or stab wounds
• Traumatic brain injuries
• Injuries causing long-term disability or disfigurement

Use or Exhibition of a Deadly Weapon

A deadly weapon is defined in Texas Penal Code §1.07(a)(17) as:

• A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
• Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Under this definition, many objects can be considered deadly weapons if they are used in a way that could cause serious harm or death.

Some common examples include:

• Guns and firearms
• Knives, swords, and other bladed instruments
• Blunt objects like clubs, bats, or tire irons
• Vehicles, when used to deliberately hit someone
• Even seemingly innocuous items like rocks, bottles, or tools, depending on how they are used

It’s important to note that a person can be charged with aggravated assault with a deadly weapon even if they only “exhibit” the weapon during the assault without actually injuring anyone with it. Merely displaying a gun or brandishing a knife during an altercation can be enough to elevate a simple assault to an aggravated offense.

Penalties for Aggravated Assault with a Deadly Weapon in Texas

In most cases, aggravated assault with a deadly weapon is a second-degree felony punishable by:

• 2-20 years in prison, and/or
• A fine of up to $10,000

However, the offense can be elevated to a first-degree felony with even harsher penalties if:

• The assault causes serious bodily injury to a family member, household member, or someone the defendant is dating (also known as aggravated domestic assault); or
• The victim is a public servant, security officer, witness, or informant, and the assault is committed in retaliation for or on account of their service.

As a first-degree felony, aggravated assault with a deadly weapon can carry:

• 5-99 years or life in prison and/or
• A fine of up to $10,000

In addition to the criminal penalties, a conviction can have severe collateral consequences, such as:

• Loss of the right to possess firearms or ammunition
• Ineligibility for certain professional licenses and certifications
• Difficulty finding employment or housing with a felony record
• Potential immigration consequences for non-citizens
• Child custody and visitation issues
• Social stigma and damage to personal relationships

Defending Against Aggravated Assault with a Deadly Weapon Charges

If you’ve been arrested for aggravated assault with a deadly weapon, you may feel overwhelmed and unsure of what to do next. Remember that an arrest is not a conviction, and you have the right to defend yourself in court.

Some common defense strategies in these cases include:

Challenging the Assault Element

One approach is to argue that the alleged conduct does not meet the definition of assault. This could involve presenting evidence that:

• The alleged victim’s injuries do not rise to the level of “serious bodily injury”
• The defendant was acting in self-defense, defense of others, or defense of property
• The contact was not intentional or knowing, but rather an accident or mistake

Attacking the Deadly Weapon Element

Another strategy is to challenge the deadly weapon element of the offense. This may include arguing that:

• The object in question does not meet the statutory definition of a deadly weapon
• The defendant did not actually “use” or “exhibit” the weapon during the alleged assault
• The weapon was not capable of causing death or serious bodily injury in the manner it was used

Other Defenses and Mitigating Factors

Depending on the specific facts of your case, other defenses or mitigating circumstances may apply, such as:

• Mistaken identity or false accusations
• Lack of evidence linking you to the offense
• Violations of your constitutional rights during the arrest or investigation
• Mental health issues or other extenuating circumstances

Even if a complete defense is not available, an experienced attorney can work to negotiate a plea deal for reduced charges or advocate for leniency at sentencing.

How a Texas Criminal Defense Lawyer Can Help

Aggravated assault with a deadly weapon is a grave charge that can carry life-altering consequences. If you find yourself in this situation, it’s essential to have a skilled and knowledgeable Texas criminal defense attorney on your side.

At Whalen Law Office, we have extensive experience handling complex assault cases and fighting for our client’s rights in and out of the courtroom. When you hire our firm, we will:

• Conduct a thorough, independent investigation to uncover any weaknesses in the prosecution’s case and gather evidence to support your defense
• Identify and assert all available legal defenses to seek dismissal or acquittal of the charges
• Negotiate aggressively with prosecutors to obtain the most favorable plea deal possible, if appropriate
• Provide personalized attention, guidance, and support throughout the entire process
• Zealously advocate for your interests in court, from pre-trial hearings to trial and sentencing

We understand the stress, fear, and uncertainty that come with facing serious criminal charges. That’s why we are committed to providing compassionate, client-focused representation and fighting to achieve the best possible outcome in your case.

If you or a loved one has been charged with aggravated assault with a deadly weapon in Texas, don’t wait to seek legal help. Contact Whalen Law Office today for a confidential consultation.