Have you been accused of committing assault in Texas and worried that it might be upgraded to an aggravated charge? Here’s what you need to know about this serious offense, including what warrants such a charge and how you can protect your rights with the help of an experienced criminal defense attorney.
What Is Aggravated Assault?
Section 22.01 of the Texas Penal Code defines assault in the state as intentionally, knowingly, or recklessly:
- Causing bodily injury to another person
- Threatening another person with imminent bodily injury
- Causing physical contact with another person in an offensive or provocative manner
Per Section 22.02, assault can become aggravated assault when any of the above acts:
- Are performed with a deadly weapon
- Result in serious bodily injury to another person
Section 1.07 of the Texas Penal Code defines a deadly weapon as:
- A firearm
- Anything designed, made, or adapted to inflict serious injury
- Anything intended or capable of causing death or serious injury
Under this definition, a broad range of items can be considered deadly weapons depending on the circumstances. Everything from vehicles to baseball bats to heavy tools could qualify. Even an improvised weapon like a broken bottle or wood board could increase an assault charge to aggravated assault.
How Is Aggravated Assault Charged?
In most cases, plain assault is a Class A misdemeanor, although it can also be a felony of the third degree under certain circumstances. Aggravated assault is a more serious crime that is usually charged as a felony of the second degree. However, it can also be a felony of the first degree if:
- It involves a deadly weapon and is committed against someone who has a close familial relationship with the perpetrator, lives with the perpetrator, or is a current or former dating partner of the perpetrator.
- It involves a deadly weapon and causes a traumatic brain or spine injury that results in paralysis or a persistent vegetative state.
- It is committed against a public servant acting under the color of their service or office.
- It is committed against a person the perpetrator knows to be a public servant who is performing their duty or in retaliation for an exercise of that public servant’s authority.
- It is committed in retaliation against someone acting as a witness, prospective witness, informant, or person who reported a crime.
- It is committed against a person the perpetrator knows to be a process server in the performance of their duty.
- It is committed against a person the perpetrator knows to be a security officer in the performance of their duty.
The offense may also be a felony of the first degree if the perpetrator is in a motor vehicle and they knowingly:
- Discharge a firearm in the direction of a building, vehicle, or habitation;
- Do so with reckless disregard for whether that building, vehicle, or habitation is occupied; and,
- Cause serious bodily injury as a result.
Finally, the crime is a felony of the first degree if the perpetrator commits it as part of a mass shooting.
What Are the Penalties for Aggravated Assault?
The potential penalties for an aggravated assault charge depend on how it is graded as follows:
- Second-degree felony: Between two and 20 years imprisonment and a fine of up to $10,000
- First-degree felony: Between five and 99 years or up to life in prison and a fine of up to $10,000
In addition to these penalties, a conviction on aggravated assault charges can continue to affect a defendant long after they’ve paid their debt to society. A criminal record can make it hard to get certain jobs, limit housing and educational opportunities, and curtail certain rights.
Potential Defenses to Aggravated Assault
Those facing aggravated assault charges in Texas may have various defenses available to them to reduce the charges against them or refute them outright. Potential defense strategies include:
- Absence of Serious Bodily Harm: A defense can be based on establishing that the injuries incurred do not meet the threshold of “serious bodily harm” required for an aggravated assault charge.
- Self-Defense or Defense of Others: This defense asserts that the alleged perpetrator used reasonable force to protect themselves or others from imminent harm.
- Absence of Deadly Weapon: Aggravated assault involves the use of a firearm or deadly weapon. A defendant who can show that they did not use a weapon can argue for reduced charges of assault.
- Defense of Property: Texas law allows for the use of reasonable force to protect one’s property from unlawful interference, though deadly force is generally not justifiable for property defense alone.
- Mistaken Identity: This defense argues that the defendant has been mistaken for someone else due to an error in identifying the perpetrator.
- Alibi: An alibi defense shows that the accused was not present at the scene of the crime when it occurred, thereby making their involvement impossible.
- Lack of Mental State: This defense asserts that the accused did not have the requisite intent or knowledge to commit aggravated assault as required by law.
How an Aggravated Assault Defense Lawyer Can Help
The penalties on conviction of aggravated assault charges are serious, and their consequences can last for years to come. Fortunately, you do not have to face this prospect alone. Instead, you can get help from an experienced aggravated assault defense lawyer who can:
- Independently investigate the alleged incident to recover crucial evidence, rather than rely on the prosecution’s version of events
- Develop defense strategies to fit the circumstances of the case
- Challenge the admissibility of evidence to undermine the prosecution’s case
- Negotiate plea bargains as appropriate to reduce the severity of the penalties you face
- Represent you at trial if you wish to fight the charges against you in court
At the Law Office of Case J. Darwin, we’re committed to your defense and dedicated to your future. If you or a loved one is facing aggravated assault charges in San Marcos, let us protect your rights and advocate forcefully on your behalf. Contact us today for a confidential consultation with an aggravated assault defense lawyer, and let’s discuss your case together.
