Facing criminal charges is a challenging experience, especially when the allegation is aggravated assault with a deadly weapon. Texas law considers this one of the most serious forms of assault and sets strict penalties for those convicted.
To understand what you’re facing and how to protect your rights, it helps to know more about aggravated assault charges. Keep reading to learn more.
Key Takeaways
- Aggravated assault with a deadly weapon occurs when a person intentionally, knowingly, or recklessly uses a deadly weapon during an assault.
- Texas law sets strict penalties for this offense, ranging from second-degree to first-degree felonies, depending on the severity of the assault and other conditions.
- An experienced criminal defense lawyer can help you protect your rights and reduce your charges depending on the circumstances of your case.
How Does Texas Define Aggravated Assault?
In Texas, aggravated assault occurs when a person intentionally, knowingly, or recklessly causes serious bodily injury to another person, or if they use or exhibit a deadly weapon while committing an assault. Under the Texas Penal Code, it is considered a more serious form of assault because it either results in greater harm to the alleged victim or involves a weapon capable of causing death or serious bodily harm.
Also, Texas law expands aggravated assault to cover situations where the victim is a family member, a public servant, or a security officer performing official duties. In these cases, the penalties are usually harsher.
What Counts as a Deadly Weapon Assault?
Deadly weapon assault happens when a person commits an assault and either uses or shows a deadly weapon while carrying it out as a form of imminent bodily injury threat. Under Texas law, a deadly weapon is not limited to guns or knives. It can be anything designed to cause death or serious injury, or any object used in a way that could cause serious harm.
Examples of deadly weapons include:
- Knives or sharp objects
- Firearms, like handguns, rifles, or shotguns
- Vehicles, when used to try to harm someone
- Blunt objects, like baseball bats, clubs, or heavy tools
- Everyday items like a bottle or rope, if used to seriously injure or threaten someone
What Are the Charges for Assault With a Deadly Weapon in Texas?
If you are facing an aggravated assault with a deadly weapon case, it’s important to understand the possible legal outcomes. Texas law sets strict consequences for this offense, and the result depends on the specific charge and circumstances of your case. The charges and penalties for this criminal offense can be found below.
Charges for Deadly Weapon Assault
- Second-Degree Felony – Assault with a deadly weapon is considered a second-degree felony offense. Even if the victim does not suffer from severe bodily injury, just using or exhibiting the weapon is enough to make it a felony.
- First-Degree Felony – This is the most serious level of assault charge. Assault with a deadly weapon can be enhanced to a first-degree felony under certain circumstances. For example, if the victim is a public servant or ends up in a vegetative state.
Penalties for Assault With a Deadly Weapon
- Second-Degree Felony – This level of assault charge can result in 2 to 20 years in prison and fines up to $10,000.
- First-Degree Felony – For the most severe assault cases, a first-degree felony conviction can result in 5 years to life in prison with a fine of up to $10,000.
How to Get Aggravated Assault Charges Reduced
When facing an alleged offense such as a deadly weapon charge, it is important to understand that not every case leads to the maximum penalty. With the help of a skilled criminal defense lawyer, there may be opportunities to reduce your assault charges to a lesser offense. Here’s how your lawyer can get your charges reduced:
- Challenging Weak Evidence – Your lawyer can work to reduce your charges by showing that the prosecution lacks enough evidence to prove the assault beyond a reasonable doubt. This may involve pointing out gaps in the evidence, such as a lack of video footage, physical evidence, or witness testimony.
- Arguing Self-Defense or Defense of Others – Texas law allows individuals to use reasonable force to protect themselves or someone else. If your lawyer can show that your actions were in defense, the charge may be lowered or dropped.
- Exposing False Allegations – If you can prove the assault was based on false accusations or provide evidence proving the alleged victim lied, the case may be dismissed.
- Negotiating a Plea Deal – Sometimes, prosecutors offer plea deals to reduce the severity of charges. This can result in a reduced sentence or lesser charge in exchange for a guilty plea.
- Seeking a Pre-trial Diversion – In some cases, diversion programs, such as community service or counseling, can lead to dropped charges once the program requirements are accomplished.
Do You Need a Criminal Defense Attorney for Aggravated Assault Charges?
Navigating the legal system can be complicated and stressful, especially when facing a charge for aggravated assault with a deadly weapon. Texas law treats this offense seriously, so you’ll need a lawyer to help you through the legal process.
Whether you’re a first-time offender for aggravated assault with a deadly weapon or have prior charges, here’s what an experienced criminal defense attorney can do:
- Protect Your Rights Early – Speaking with an attorney as soon as you suspect an investigation or face charges is important. They can help you prevent missteps, guide interactions with law enforcement, and help preserve your reputation.
- Manage Public and Media Interaction – A lawyer advises on what to say or not say in order to avoid statements that could be misinterpreted or used against you in court. They can also help control your narrative and manage online activity to protect your image.
- Provide Legal Strategy – Your attorney can review the evidence, challenge weak or unreliable evidence, explore defenses such as self-defense, and advise on plea deals or diversion programs where applicable.
- Protect Your Reputation Over Time – Even after charges are filed, your attorney can help you with legal tips to maintain professionalism at work, safeguard personal relationships, and manage public perception to minimize long-term damage to your reputation.
- Investigate Your Case – Sometimes police reports or witness statements can be incomplete or unreliable. Without an attorney, these gaps may go unchallenged. An attorney can help to interview witnesses, question police work, and review video evidence to find the truth.
- Gather Evidence – A defense lawyer can investigate every detail of your case. They may review police reports and check for any violations of your constitutional rights.
- Handle the Paperwork – A defense attorney can help to prepare and file court documents correctly so errors don’t hurt your case.
- Ensure Timelines Are Met – Texas courts have strict deadlines for filing evidence, motions, and appeals. If any of these deadlines are missed, it could limit your defense options. Your attorney keeps track of all requirements to keep your case on track.
- Represent You at Trial – If your case goes to trial, your attorney will speak for you in court and present your defense before the jury.
Get Capable Deadly Weapon Assault Defense in San Antonio
It can be scary or overwhelming to be charged with aggravated assault with a deadly weapon. Texas law imposes strict penalties for aggravated assault cases, but with experienced legal guidance, you can go through the process confidently.
At the Law Office of John G. Perez Jr., we assist offenders who have been charged with aggravated assault with a deadly weapon, as well as individuals with prior charges. Our San Antonio aggravated assault attorney can guide you through every stage of the process, protecting both your rights and reputation.