Facing any assault offense is a serious matter in Texas, as this is considered a violent crime. However, when you are specifically charged with aggravated assault, it’s imperative to understand that this is one of the most severe crimes you can face in the state. Unfortunately, many are unaware of what elevates an assault charge to “aggravated,” so it’s crucial to understand when these charges are warranted. If this reflects the crimes you’re facing, you’ll want to keep reading to learn more about these matters and why it’s recommended to work with a Houston violent crimes defense attorney when you’re charged with this offense.
How Does Texas Law Define Aggravated Assault?
It’s important to understand that, under Texas Penal Code § 22.02, aggravated assault is not a separate, standalone act. Instead, it is an elevated form of assault that stems from aggravating factors.
Legal Elements of a Texas Aggravated Assault Charge
- The person commits assault as defined in Texas Penal Code § 22.01, AND
- Causes serious bodily harm to another person, OR
- Uses or exhibits a deadly weapon during the commission of the offense
- The act is committed intentionally, recklessly, or knowingly
It’s also important to understand that the victim does not need to suffer a serious or permanent injury if a deadly weapon is shown during the commission of the crime.
What Elevates a Simple Assault Charge to an Aggravated Assault Offense?
As mentioned, there are certain statutory aggravating factors that can increase the severity of a simple assault charge. In turn, the sentencing for these offenses will also drastically increase.
Aggravating Factors Under Texas Law
- Causing serious bodily injury, like permanent disability, disfigurement, or substantial risk of death
- The use or exhibition of a deadly weapon, like a firearm, knife, or even a vehicle used as a weapon
- Assault of a public servant while they are on duty
- Assault and serious injury of a family member
- Discharging a firearm from a car in the direction of another vehicle or building
- Assault of a witness or informant
It’s important to understand that showing a weapon is enough to constitute an aggravated assault offense – the weapon does not need to be discharged.
What Are the Penalties for Aggravated Assault in Texas?
Regardless of the circumstances of the offense, if you are convicted of an aggravated assault charge, it constitutes a felony. However, the class of felony and subsequent sentencing range will depend on the circumstances surrounding the offense.
Sentencing Overview
- Second-Degree Felony (Typical class for an aggravated assault charge)
- Between two and twenty years in prison
- Fines of up to $10,000
- Potential probation depending on the circumstances of the case
- First-Degree Felony (Typical class for an enhanced aggravated assault charge)
- Between five and ninety-nine years or life in prison
- Fines of up to $10,000
- Mandatory sentencing minimums may apply in firearm cases
- Additional factors that can increase penalties include:
- Prior felony convictions
- Use of a firearm
- Assault of family members
- Status of the victim (public servant, security officer, witness)
Deadly Weapon Findings
In Texas aggravated assault cases, the courts may enter a deadly weapon finding in the event a firearm or other weapon is used or exhibited during the commission of the crime. This finding can:
- Restrict parole eligibility
- Require a defendant to serve a longer portion of their sentence before they are eligible for parole
- Increase the long-term consequences following a conviction
- Impact future sentencing in the event the defendant is charged in the future
How Aggravated Assault Cases are Prosecuted in Houston and Harris County
In Harris County, charges of aggravated assault are generally prosecuted in the criminal district courts. Additionally, in order to secure a conviction, the prosecution must be able to prove each of the statutory elements of an aggravated assault claim beyond a reasonable doubt.
Evidence Commonly Used by the Prosecution
- Surveillance footage of the incident
- Medical records showing serious bodily injury
- Firearm or weapons-based forensic testing
- Testimony from witnesses
- 911 calls
- Prior criminal history
It’s imperative to understand that Harris County is one of the most expansive prosecutorial districts in Texas, meaning there are abundant resources to dedicate to the investigation and prosecution of these crimes. As such, strong legal representation is critical.
Are There Potential Defenses for an Aggravated Assault Charge in Texas?
While an aggravated assault charge is not something to be taken lightly, it’s necessary to understand that there may be defenses you can utilize based on the unique circumstances of your case.
Possible Defense Angles
- Self-defense in accordance with Texas Penal Code Chapter 9
- Defense of others
- Lack of intent to commit serious bodily injury
- False accusations
- Misidentification
- No use or display of a weapon
- Constitutional rights violations during arrest
- No serious bodily harm
Contact the Experienced Criminal Defense Team at the Gonzalez Law Group
As you can see, an aggravated assault charge is not something you should take lightly. It’s in your best interest to connect with an experienced attorney from the Gonzalez Law Group as soon as possible if you have been charged with this crime. Our criminal defense team can examine the circumstances of your case to help you fight for the best possible outcome based on the elements of your case. When you need help, the Gonzalez Law Group is here. Contact us today to learn more about your legal options.