Threatening with A Deadly Weapon in Texas
In Texas, threatening someone with a deadly weapon is a serious legal matter. Understanding the law in this regard is crucial. This article will break down the essentials, from what qualifies as a deadly weapon to the potential consequences. Police officers and law enforcement officers can display weapons in Texas, but civilians may not always have this right.
So, if you find yourself in a situation where you’ve used such a weapon to threaten another person, read on to learn what steps to take next.
The Law on Deadly Weapons
In Texas, the law regarding threatening with a deadly weapon is pretty clear, and it’s found in the Texas Penal Code. Here’s a breakdown of what you should know:
- Definition of a Deadly Weapon:
According to the Texas Penal Code, a “deadly weapon” isn’t just guns and knives. It includes objects that can cause serious bodily injury or death, like baseball bats, brass knuckles, or even a car when used intentionally.
- Relevant Texas Statutes:
The specific statutes to be aware of include Section 22.01 (Assault), Section 46.01 (Definitions), and Section 46.02 (Unlawful Carrying Weapons). Moreover, these sections of the law outline the definitions, charges, and penalties related to threatening with a deadly weapon. To learn more about this, consult your trusted criminal defense lawyer.
- Potential Criminal Charges:
Threatening someone with a deadly weapon can lead to various criminal charges under the Texas crim. These charges may include assault, aggravated assault, or unlawful carrying of a weapon. Coincidentally, his depends on the circumstances and the type of weapon involved.
It’s essential to be aware of the specific statutes that come into play and the potential criminal charges you may face if you’re involved in such a situation.
Possible Charges and Consequences
Terroristic Threat (Texas Penal Code Section 22.07):
Making a terroristic threat in Texas is typically a Class B misdemeanor. This carries penalties of up to 180 days in county jail and/or a fine of up to $2,000. If the threat targets a family member, public servant, or is in retaliation against a witness, it becomes a Class A misdemeanor. It carries potential penalties of up to one year in county jail and/or a fine of up to $4,000.
Assault with a Deadly Weapon (Texas Penal Code Section 22.02):
Assault with a deadly weapon is a violent crime. This criminal offense can be a misdemeanor or a felony, depending on the circumstances. A Class A misdemeanor assault carries penalties of up to one year in county jail and/or a fine of up to $4,000. For more serious cases, like second-degree felony assault with a deadly weapon, individuals may face 2 to 20 years in prison and fines up to $10,000.
If specific factors, such as the use of a firearm, are present, it can be a first-degree felony. Furthermore, this can result in 5 to 99 years in prison or life imprisonment, with fines up to $10,000.
Possible Charges and Consequences (Continued)
Aggravated Assault (Texas Penal Code Section 22.02): =’
Aggravated assault is generally a second-degree felony offense, carrying potential penalties of 2 to 20 years in prison and fines up to $10,000. If the aggravated assault involves factors like using a deadly weapon and causing serious bodily injury, it can be enhanced to a first-degree felony aggravated assault. Generally, his leads to a potential penalties of 5 to 99 years in prison or life imprisonment, along with fines up to $10,000.
Typically, these penalties can vary based on factors such as the defendant’s criminal history and the specific details of the criminal case. Consulting with a knowledgeable criminal defense attorney is essential. They can give you a thorough understanding of these charges and potential legal defenses.
Arrested? Don’t Plea, Call Me!
Having a good criminal defense lawyer can greatly change how your case goes if you are charged with unlawful use of deadly force. Texas Criminal Defense Group comprehends the seriousness of your situation and commits to offering robust legal assistance. Our skilled lawyers will handle your case carefully and with expertise, ensuring the best outcome for your future.
Navigating the complexities of the legal system can be daunting, especially when confronted with the possibility of imprisonment. A good lawyer not only aims to win but also puts in effort to provide you with the best defense possible. They utilize their knowledge to fight the accusations against you.
Our skilled attorney will fight for your rights, negotiate deals, present evidence, challenge procedures, and work to minimize consequences.