In Texas, some acts that qualify as an assault are eligible for stiffer penalties due to the circumstances. These so-called “aggravating” factors indicate that a case is more severe than a traditional assault charge. If convicted of aggravated assault, you could be facing serious consequences that follow you for the rest of your life.

Experienced defense attorney Gary J. Barton understands how to build a winning defense in an aggravated assault case. The team at Barton & Associates Attorneys At Law, PLLC, can use their experience and skills to help you get the best possible outcome in your case. Call today to get started.

What is Assault?

According to state law, a person commits the crime of assault when they intentionally, knowingly, or recklessly cause bodily harm to someone else. Alternatively, these charges can also related to intentionally or knowingly threatening imminent bodily harm or even causing physical contact with someone while knowing it would likely offend or provoke that individual.

What is Aggravated Assault With a Deadly Weapon Under Texas Law?

Only certain assault cases will meet the high burden of being considered aggravated. There are different factors that can elevate these charges, but the most common example involves someone committing an assault while using or exhibiting a deadly weapon.

It is important to note that you can be convicted of this charge without harming anyone or even using the weapon in question. An act that meets the basic elements of an assault can qualify as aggravated assault with a deadly weapon as long as the accused exhibits the weapon at the time of the incident.

What Qualifies as a Deadly Weapon?

The Texas Penal Code spells out what constitutes a deadly weapon. The statute mentions firearms specifically, but it also highlights “anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.”

Some of the objects that are routinely considered deadly weapons under Texas law include the following:

• Guns
• Knives
• Brass knuckles
• Fake bombs
• Zip guns
• Tire irons
• Nightsticks
• Mace
• Clubs
• Nightsticks

The use of any of these items could lead to serious criminal charges.

Talk to an Attorney About Your Aggravated Assault with a Deadly Weapon Charge

If you have been arrested under suspicion of this offense, you have the right to defend yourself in court. Moreover, you are entitled to hire the defense attorney of your choice to serve as your advocate.

At Barton & Associates Attorneys At Law, PLLC, we look forward to fighting to clear your name and protect your rights. Our team has had successful outcomes in violent crime cases in the past. Contact us today to learn how we can put our experience to work for you.