Assault charges are serious and can be life-changing, especially if a weapon is involved. If you or a loved one are charged with aggravated assault with a deadly weapon in Texas, the fear of the unknown can be crippling. What if it was self-defense? Will charges result in jail time? What is the sentence for aggravated assault with a deadly weapon?
Today’s blog post answers these questions and more as we discuss these charges in detail, including what is aggravated assault in Texas, what constitutes a deadly weapon, what penalties can accompany this charge, and if it’s possible to have charges of aggravated assault with a deadly weapon in Texas dismissed.
What is Aggravated Assault With a Deadly Weapon Under Texas Law?
What is aggravated assault in Texas under the Texas Penal Codes? The law defines assault as “intentionally, knowingly, or recklessly causing bodily injury to another.” Although not implicitly stated in this definition, assault can also include verbally or physically threatening someone with bodily harm. Furthermore, Texas law defines aggravated assault as when a person commits an assault that causes serious bodily injury to another, including the person’s spouse, or they use or exhibit a deadly weapon during the commission of the assault.
Therefore, one can face second-degree felony charges for assault even if you don’t actually use the deadly weapon during the incident. These criminal charges could also be elevated to a first-degree felony in some circumstances, such as using a deadly weapon and causing serious bodily injury to a spouse or family member, aggravated assault against a law officer or public servant while acting in their official capacity, or a firearm recklessly discharging from a motor vehicle towards a home, business, or another vehicle, causing serious harm or injury to another.
Elements of an Aggravated Assault With a Deadly Weapon
The laws around aggravated assault with a deadly weapon are complicated, so in order to explain what circumstances can lead to an aggravated assault with a deadly weapon Texas charge, let’s break down the elements involved.
- Aggravated Assault:
This is an act that either causes serious bodily harm or involves a deadly weapon in a simple assault. So, anyone who uses or displays a deadly weapon during an assault can be charged with aggravated assault with a deadly weapon in Texas. - Serious Bodily Injury:
Aggravated assault with serious bodily injury in Texas involves creating a substantial risk of death (or death itself), serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. As such, broken bones or permanent scarring would be considered a serious bodily injury. So, in a court of law, if a victim expresses that they were hurt or felt pain during the assault event, an element of bodily injury has been established. - Deadly Weapon:
A deadly weapon can be any object capable of causing death or serious bodily injury and used in such a manner. Some examples of deadly weapons under Texas law include (but are not limited to) firearms (ex: machine guns, zip guns, handguns, short-barrel firearms, firearm silencers), knives (hunting knives, switchblades, swords, daggers, bowie knives), rope, brass knuckles, baseball bats, clubs, or explosive weapons.
Whether the aggravated assault charge is considered a second-degree or first-degree felony, it’s a felony regardless. Felony charges can result in serious penalties in Texas, which the next section details.
Sentence For Aggravated Assault With a Deadly Weapon in Texas
One can expect serious and life-altering consequences when convicted of a felony charge in Texas, no matter the degree of the charges. In the case of today’s discussion, an “aggravated assault with a deadly weapon” Texas charge is a second-degree felony and punishable by 2-20 years in the Texas Department of Corrections (i.e., prison) and monetary fines of up to $10,000.
However, if the charges are elevated to a first-degree felony, the aggravated assault with a deadly weapon sentence is more severe. To recap, a first-degree felony charge can apply if any of these circumstances occur: a deadly weapon is used when committing domestic assault and causes serious bodily injury to the victim; the aggravated assault is committed by or against a public servant (such as a city council member or law officer) while acting in their official capacity; the aggravated assault is committed in retaliation against a witness, informant, or a person who reported a crime; a firearm is discharged from a motor vehicle at a house, building, or vehicle while occupied with reckless disregard and causes serious bodily injury to the victim.
If any of these circumstances apply, the charge becomes a first-degree felony. In these cases, the aggravated assault with a deadly weapon Texas sentence can carry 5-99 years (or life) in prison and a fine of up to $10,000 if convicted.
Aggravated Assault With a Deadly Weapon First Offense
There are sentencing alternatives to prison time available, especially If the accused has never before been convicted of aggravated assault with a deadly weapon in Texas – or any other criminal offense. In these cases, as long as no mandatory sentences are required by law, judges have the discretion to use alternatives.
If sentencing alternatives are possible, they can include fines, restitution, community service, probation, house arrest, inpatient drug/alcohol rehabilitation, inpatient psychiatric treatment, or work release. However, eligibility does not mean these alternatives will occur, especially if an experienced criminal defense attorney isn’t fighting on your behalf. Therefore, a first time offender of aggravated assault with a deadly weapon in Texas should immediately contact a criminal defense lawyer before speaking to anyone else.
Getting Your Aggravated Assault With a Deadly Weapon Case Dismissed
When facing charges of aggravated assault with a deadly weapon in Texas, it’s critical to understand that we all have rights. For example, there have been cases when assaults with a deadly weapon in Texas were committed as acts of self-defense, which can seriously affect the legal repercussions.
When a case involves an accusation of assault with a deadly weapon in Texas, there are a number of defense strategies that can affect the outcome, i.e., reducing the aggravated assault with a deadly weapon sentence or dismissing the charges. Some examples of these defense strategies include self-defense, lack of a deadly weapon, mistaken identity, lack of intent, or insufficient evidence. However, the chances of getting charges of aggravated assault with a deadly weapon in Texas dismissed are next to impossible without proper criminal defense representation.
Criminal defense attorneys are specifically trained to intently review all the details of the reported crime, uncover all the facts of the case, and determine the best options for you moving forward in your favor. Frequently, there may be extenuating circumstances that police overlooked or yet-to-be-identified witnesses that can help your case and the outcome.
Criminal convictions are a matter of permanent record and can interfere with trying to live a normal life while severely impacting you and your family’s well-being – mentally, emotionally, and financially.
If you or a loved one is facing charges that could result in an aggravated assault with a deadly weapon sentence, contact the criminal defense experts at GHC Law Firm immediately. Just because you are charged, it doesn’t mean you’ll have to do time or pay hefty fines. With our knowledge of the criminal justice system and decades of experience in Austin criminal defense, we can help you fight for your rights, reputation, and even your life, if required.
Contact GHC Law Firm today to fight for your future.
