Unfortunately, many assume that a scuffle with another person at their local bar will just be brushed off. However, this is far from the truth, as you may face aggravated assault charges as a result of these actions. As such, understanding what warrants this charge and the potential penalties you can face if convicted is critical. The following blog explores what you should know about these charges and why it’s in your best interest to connect with an experienced Houston violent crimes defense attorney to explore your circumstances and help guide you through these intense legal matters.
What Warrants Aggravated Assault Under Texas Law?
In Texas, a simple or “regular” assault occurs when someone intentionally or recklessly causes or threatens bodily harm to another person. Additionally, if the aggressor makes physical contact with the victim in an “offensive or provoking manner,” it can warrant an assault charge.
As such, someone commits aggravated assault when they do any of the aforementioned offenses while also committing great bodily harm or brandishing a deadly weapon during the altercation.
What Penalties Can One Face if Convicted?
In Texas, aggravated assault is always charged as a felony. However, the class can increase depending on the additional circumstances surrounding the case. However, aggravated assault is generally charged as a Class 2 felony. This carries the potential for two to twenty years in prison and up to $10,000 in fines.
However, this charge can increase to a Class 1 felony under the following circumstances:
- You use a deadly weapon that causes serious bodily harm to a person with whom you are in an intimate relationship with or a family member
- You commit this act against a public servant while they are on duty
- You commit this crime against a witness
- You discharge a weapon while traveling in a motor vehicle toward a building or vehicle
This felony charge warrants five to ninety-nine years in prison.
What Potential Defenses Are There for This Crime?
If you are charged with felonious aggravated assault in Texas, you may assume there is nothing you can do to avoid charges. However, this is far from the truth. In reality, working with an experienced criminal defense attorney can increase your chances of receiving a favorable outcome for the charges against you.
Your attorney may be able to prove you were acting in self-defense or that the assault was fabricated by the alleged victim. Regardless, trying to prove either of these on your own can be an overwhelming process, and failure to do so properly can result in a conviction.
At the Gonzalez Law Group, we understand how nerve-wracking it can be to face a felony charge. That’s why our team is committed to helping you every step along the way. Connect with us today to learn how we will fight for you during these challenging times.
