What is Aggravated Assault in Texas

Have you, a friend or a loved one been accused of aggravated assault? Under Texas law, you have committed an aggravated assault if you have

1. committed an assault and, in the process, and
2. caused serious bodily injury to another person (including serious bodily injury caused in domestic violence cases where the abuse is directed at the spouse of the accused).

A determining factor as to whether you are charged with aggravated assault will be whether a serious bodily injury occurred or whether a deadly weapon was displayed or used during the assault. If one of these aggravating factors is present in your case, you could be charged with the second-degree felony crime of aggravated assault.

If you are convicted of the crime of aggravated assault, you could face 2 years to 20 years in prison and a fine not to exceed $10,000. If an aggravated assault took place in a domestic violence situation or against a public servant (ex. Police officer), you could be facing a first degree felony punishable by a prison term of 5 years to 99 years and a fine not to exceed $10,000.

Aggravated Assault is categorized as a violent crime that can result in devastating consequences if you are convicted. For example, if you are convicted of an aggravated assault charge, you may face the long-term consequence of limited employment opportunities due to a violent criminal conviction being on your record for the rest of your life.

If you have been arrested and charged with an aggravated assault in Texas, you need an aggressive and experienced criminal lawyer on your side that will ensure your rights are protected. An aggravated assault conviction could carry with it the prospect of prison time, hefty fines and other serious long-term consequences. The legal system is complex. Without a proper understanding of how it all works, it can be difficult to do anything about your charges. No matter how complicated or serious your case is Houston Aggravated Assault Attorney Korey Huff is prepared to investigate and analyze your case to determine which aggressive defense strategy to employ to get the best possible outcome in your case. Korey Huff is an aggressive Houston Aggravated Assault Attorney who will make every effort to fight the allegations against you.

Definition of Aggravated Assault

Aggravated assault is defined by Tex. Penal Code Ann. §§ 22.01, 22.02, which states that it consists of…

• intentionally, knowingly, or recklessly causing serious bodily injury to another person, or
• using or exhibiting a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.

Serious injury is more than just a bump or a scrape; it is life-threatening or disfiguring. In order to be convicted of aggravated assault, the prosecution doesn’t have to prove you intentionally caused the injury, just that you disregarded the risk of harm. If you used a deadly weapon, proving aggravated assault is much more simple.

Defenses against Aggravated Assault in Texas

If you are involved with an aggravated assault case, you have multiple defense options. Your attorney will choose a defense method based on the facts and circumstances. These situations are, in general, pretty straightforward. Your attorney will probably choose one of the following defenses:

• Self-Defense – Self-defense is the single most common defense used in an aggravated assault case. To establish self-defense, the accused must show a threat to their safety, perceived harm to themselves, or no reasonable opportunity to escape.
• Defense of Others – The defense of another individual is an absolutely viable defense in an assault case. However, the accused must show that they had reasonable grounds to establish said defense.
• Consent – Depending on the jurisdiction, consent may work as a viable defense. If an individual consented to a particular act, then the court cannot constitute that act as assault and battery.

Penalties of Aggravated Assault

If you are convicted of aggravated assault, you risk spending a large amount of time in prison. It is crucial that you have exceptional legal representation throughout the court process. Penalties for aggravated assault charges are the following:

• Second-degree felony – from two to 20 years in prison and a fine of up to $10,000
• First-degree felony – from five to 99 years in prison and a fine up to $10,000

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