Aggravated assault is a very serious charge that carries harsh penalties if you are convicted. Fortunately, the prosecution must prove their case beyond a reasonable doubt. You may have legal defenses available, but you must act quickly to protect your rights. If you have been charged with aggravated assault, a criminal defense attorney from our firm can assess your case, explain your options, and help you get a fair result.

Assault Defined

To understand aggravated assault, we must first explain simple assault. You can be charged with assault in the following situations:

• You intentionally, knowingly, or recklessly caused bodily injury to another person
• You intentionally, knowingly, or recklessly threatened another person with imminent bodily injury
• You intentionally or knowingly caused physical contact with another person when you knew or should have reasonably believed that the other person would consider the contact offensive or provocative.

Aggravated Assault

To be charged with aggravated assault, you must meet one of those scenarios plus one of the following criteria:

1. You caused serious bodily injury to the other person; or
2. You used or exhibited a deadly weapon during the assault.

Serious Bodily Injury

Note that to be charged with simple assault, you need to have caused only “bodily injury.” You can be charged with aggravated assault if you cause serious bodily injury to the other person. What constitutes serious bodily injury is somewhat open to interpretation, but it is generally defined as follows:

• It creates a substantial risk of death or results in death;
• It results in permanent disfigurement; or
• It results in protracted loss or impairment of any bodily member or organ.

Assault with a Deadly Weapon

You can also be charged with aggravated assault if you used or exhibited a deadly weapon during the commission of the assault. For example, if you had a knife in your hand, even if you didn’t actually use the knife, it can be considered an aggravated assault so long as the knife was consciously shown, displayed, or presented.

Aggravated Assault Is a Felony

Aggravated assault is generally charged as a second-degree felony. This means that you could face the following penalties if you are convicted:

• Between 2 and 20 years in prison
• Fines of up to $10,000

However, aggravated assault can be charged as a first-degree felony if there are certain aggravating factors:

• The assault was committed against a romantic partner a member of your household, and the assault caused serious bodily injury.
• The assault caused a traumatic brain or spinal injury that resulted in the victim being in a persistent vegetative state or suffering permanent paralysis.
• The aggravated assault was against a peace officer or public servant.

If you are charged with first-degree aggravated assault, you could face life in prison if you are convicted.

Defense Strategies for Aggravated Assault in Texas

The State must prove that you were first acting intentionally, knowingly, or recklessly and that, second, the resulting injuries to the victim fall under the definition of serious bodily injury. These elements must be proven beyond a reasonable doubt in order to convict you of aggravated assault.

Commonly, defendants were acting in self-defense or in defense of another person. You could also have been acting in defense of your property. Sometimes, a cause of mistaken identity can play into a defense strategy. When you work with a criminal defense lawyer at our firm, we will strategize on the best approach and work tirelessly to free your name or lessen your charges.

Can Assault Charges be Dropped in Texas?

Yes, when working with a legal team, it’s possible to have aggravated assault charges dropped or lessened. Contact our Barton & Associates, Attorneys at Law, PLLC, today to start developing a comprehensive legal strategy and to learn about your legal options.

Contact Barton & Associates, Attorneys At Law, PLLC If You Have Been Charged with Aggravated Assault

An aggravated assault conviction could change your life forever. Get the help you need by contacting us today to discuss your case and your options.