What is Aggravated Assault in Texas

What is Aggravated Assault in Texas

Aggravated assault is a criminal offense that involves the intentional infliction of serious bodily injury or harm upon another person. This offense is considered more serious than simple assault, which involves less severe forms of physical harm or threats of harm.

Aggravated assault is a serious crime that can involve the use of a deadly weapon. Examples of such weapons include guns, knives, and other instruments. This type of assault is often committed with the intention to commit another crime, such as robbery or sexual assault.

In 2021, the Texas Department of Public Safety reported a total of 22,090 cases of aggravated assault in the state.

Elements of Aggravated Assault in Texas?

The elements of aggravated assault in Texas include:

  1. Intentional or knowing conduct: The defendant must have intended to cause serious bodily injury to another person. Or must have known that their conduct was likely to cause such injury.
  2. Serious bodily injury: An injury that creates a substantial risk of death or that causes serious permanent disfigurement. Additionally, it could also mean a protracted loss or impairment of a bodily function or organ.
  3. Use or exhibition of a deadly weapon: Can be any object that is capable of causing death or serious bodily injury. Including firearms, knives, or even a car used to run over someone.
  4. Reckless conduct: A person may be charged with aggravated assault if they recklessly cause serious bodily injury to another person. Recklessness involves a disregard for the safety of others. And a conscious disregard of a substantial risk.

What are the penalties of aggravated assault in Texas?

In Texas, the penalties for aggravated assault in Texas depend on factors. Such as the seriousness of the injury, use of a deadly weapon, and the defendant’s criminal history. Generally, aggravated assault is a second-degree felony, which is punishable by:

  • A prison sentence ranging from 2 to 20 years
  • A fine of up to $10,000

First-degree felony aggravated assault is punishable by:

  • A prison sentence ranging from 5 to 99 years or life
  • A fine of up to $10,000

How to Defend Against Aggravated Assault Charges in Texas?

Some common defenses that a criminal defense attorney may use in an aggravated assault case include:

  1. Self-defense: If you were acting in self-defense, and your use of force was reasonable under the circumstances. This can be a powerful defense against an aggravated assault charge.
  2. Lack of intent or recklessness: If you did not intend to cause serious bodily injury or acted without recklessness. This may be a defense to an aggravated assault charge.
  3. Mistaken identity: If there is a case of mistaken identity, and you were not the person who committed the assault. This can be a defense against the charge.
  4. Lack of evidence: If there is insufficient evidence to prove the elements of the crime beyond a reasonable doubt. The charges may be dropped or dismissed.
  5. Constitutional violations: If your rights were violated during the arrest, investigation, or prosecution of the case. This may be a defense against the charge.

It is important to note that defending against aggravated assault charges can be complex. And requires an in-depth understanding of criminal law and procedure.

What to do if Arrested for Aggravated Assault?

If you have been charged with a serious offense such as aggravated assault in Texas. There are some important steps you should take to defend your legal rights. And seek the best possible outcome for your situation.

  1. Remain silent: It is important to exercise your right to remain silent and not make any statements to law enforcement. Or other authorities until you have consulted with an experienced criminal defense attorney.
  2. Contact an attorney: Get in touch with an experienced criminal defense lawyer as soon as you can. Your lawyer can give you legal advice about your entitlements. Assist you in comprehending the accusations against you, and offer recommendations on what actions to take next.
  3. Stay calm: Remain calm and cooperative with law enforcement during your arrest and booking process. Do not resist arrest or become aggressive with law enforcement, as this can only make your situation worse.
  4. Avoid discussing your case: Avoid discussing your case with anyone other than your attorney. Do not post about your case on social media or discuss it with friends or family members.
  5. Follow legal procedures: Follow all legal procedures and court appearances as required. Failure to do so can result in additional criminal charges and can hurt your case.
  6. Prepare for your defense: Work closely with your attorney to prepare a strong defense on your behalf. This may include gathering evidence, interviewing witnesses, and developing legal arguments to challenge the prosecution’s case.
  7. Be patient: Aggravated assault cases can be complex and may take some time to resolve. Be patient and trust in your attorney to guide you through the process.

Overall, the most important thing to do if you are arrested for aggravated assault in Texas is to remain calm. Exercise your rights and contact an experienced criminal defense attorney as soon as possible. This will protect your rights and help build a strong defense.

Arrested? Don’t Plea, Call Me!

If you find yourself or a loved one facing aggravated assault charges in Texas. You will need an experienced defense attorney to protect your legal rights. You need our skilled and seasoned attorneys at Texas Criminal Defense Group.