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 imperative 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.
What Constitutes an Aggravated Assault Charge in Texas?
Before understanding what warrants an aggravated assault charge over a “standard” assault charge, it’s important to understand what aggravating factors in a criminal case are. Essentially, when a crime occurs, there may be certain elements present that increase the severity of the offense. As such, the defendant can face increased penalties if they are convicted of an aggravated offense.
As such, in Texas, someone can be charged with assault if they intentionally or recklessly cause or threaten bodily harm to another person. It’s important to note that while making physical contact also warrants an assault charge, just threatening someone with harm can result in a criminal offense.
In Texas, the offense will become aggravated if the assault results in great bodily harm, like broken bones or disfigurement, or the aggressor brandishes a deadly weapon during the attack.
What Are the Penalties for This Offense?
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 will depend on the circumstances surrounding the offense. For example, most of these crimes are charged as a Class 2 felony. This warrants between two and twenty years in prison and up to $10,000 in fines.
In other instances, depending on the circumstances of the case, the penalties can increase to a Class 1 felony. This is the most serious charge you can face in Texas, as you will be sentenced to five to ninety-nine years in prison for this offense. Generally, you will be charged with this if you use a deadly weapon to cause serious harm to a family member or person with whom you are in a relationship, you commit aggravated assault against a witness or on-duty public servant, or you discharge a weapon while in a vehicle traveling toward a building.
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.
