You grab your car keys and head out of the house, expecting to run a quick errand before dinner. As you back out of your driveway, your neighbor rushes over, shouting about a broken fence post near your property line. He’s convinced you damaged it earlier in the week, even though you know you didn’t. The conversation turns heated, so you turn abruptly away. The next second, he’s calling 911, claiming that you pulled a tire iron from your truck and threatened him. Law enforcement arrives, and you’re arrested for aggravated assault.
The Texas Penal Code treats aggravated assault as a violent felony. That means a conviction can lead to years in prison, high fines, and a permanent criminal record. Although you never touched the tire iron or threatened anyone, the accusation alone is enough to put your future at risk. In this guide, we’ll outline how aggravated assault is defined under Texas law, what penalties you could face, and how working with a Houston criminal defense attorney gives you the best chance of fighting the charges.
What Is Aggravated Assault in Texas?
Aggravated assault under Texas Penal Code § 22.02 is treated very differently from simple assault. Examples of simple assault include slapping someone, pushing them, or making physical contact that caused pain but no lasting injury. Aggravated assault, on the other hand, involves serious bodily injury or the use of a weapon.
Serious bodily injury refers to injuries that result in a substantial risk of death, permanent disfigurement, or the loss or long-term impairment of any body part or function. This goes far beyond a bruise or scrape. A broken bone, deep wound, or internal injury may qualify under the statute. The presence of a deadly weapon can also elevate the charge, even if no injury occurred.
It’s important to note that a deadly weapon doesn’t have to be a gun, knife, or brass knuckles. Texas courts have found that objects like metal pipes, heavy tools or blunt objects, or even a car can qualify as deadly weapons if used or displayed in a way that could cause serious bodily injury. You could face this charge even if no one was hurt, as long as the accusation involves a weapon being used to threaten or intimidate.
Is Aggravated Assault a Felony in Texas?
Yes. In Texas, aggravated assault is always charged as a felony. The level of the felony depends on what happened and who you allegedly harmed. Most aggravated assault cases are filed as second-degree felonies, but certain factors can raise the charge to a first-degree felony.
A second-degree felony carries a prison sentence of 2 to 20 years and a fine of up to $10,000. The charge may be enhanced to a first-degree felony if the alleged victim is a family member, a romantic partner (family violence), a public servant, a witness, or a security officer. It also applies when the assault involves serious bodily injury and a deadly weapon used against someone in a protected group. A first-degree felony carries a sentence of 5 to 99 years or life in prison, with the same potential fine.
Other potential legal consequences include:
- You may be ordered to pay restitution to the alleged victim for medical bills, lost wages, or property damage.
- In some cases, the court may issue a protective order that restricts where you can go and who you can contact, even if no one was seriously injured. Violating that order can lead to new criminal charges, adding to your legal problems.
- Travel restrictions, loss of professional licenses, and driver’s license suspensions may apply. If you seek employment for a position that requires a background check, the charge can be an impediment.
A felony conviction will also permanently ban you from owning or possessing firearms under both Texas and federal law. If you’re not a U.S. citizen, you may face immigration consequences, including removal or denial of future applications.
What if You Have a Criminal Record Already?
Your criminal history can also affect how your case is handled. A prior felony conviction, especially one involving violence, can trigger enhanced sentencing under Texas’s habitual offender rules. In some situations, enhancements can raise the minimum prison term, eliminate parole eligibility, or result in stacked sentences if multiple charges are filed.
These enhancements are frequently used as leverage during plea negotiations and can drastically change how your case is handled. That’s why working with a lawyer experienced in assault cases is so critical. Without representation, your entire future is on the line.
How Attorney Amanda Skillern Can Help
Amanda Skillern brings more than eighteen years of courtroom experience, including time as a prosecutor in Harris County. She has handled hundreds of violent crime cases and knows how aggravated assault charges are developed, filed, and prosecuted. That background now supports her work as a criminal defense lawyer, where she uses different methods to identify weak points in the State’s position. For example:
- If the police report contains errors, if a witness gave conflicting statements, or if the alleged deadly weapon was never used as claimed, she challenges those details with clear legal arguments.
- She also examines medical documentation to assess whether the injuries described meet the legal standard for serious bodily injury. When the evidence falls short, she makes sure the court sees it.
- If there was a justifiable reason for your actions, such as defense of property or defense of others, she will emphasize the fact.
Ms. Skillern has built relationships in local courts and knows how the prosecutors assess risk, evaluate offers, and prepare for trial. That insight helps her position each case for the most practical outcome, whether that’s a dismissal, a reduced charge, or a plea deal that avoids prison. Her approach is careful, case-driven, and shaped by what actually happens in the courtroom.
If you’ve been charged with aggravated assault, Amanda Skillern is ready and able to take charge of your defense. As your legal representation, she’s prepared to assess the charges, question the State’s evidence, and take action to protect your future.
Speak to a Texas Aggravated Assault Lawyer Today
Aggravated assault is one of the most serious charges under Texas law. A conviction can result in years in prison, a permanent felony record, and court-ordered fines. It can also lead to the loss of gun rights, barriers to employment, and limits on housing and voting eligibility. This is why you should hire a criminal defense attorney to help you fight the allegations.
Amanda Skillern has handled hundreds of aggravated assault cases, both as a prosecutor and a defense attorney. She knows how these charges are filed, how plea offers are evaluated, and how judges typically rule in aggravated assault cases, and will use those insights to protect your rights and future. To request a confidential consultation, call 346.291.0432 or contact our criminal defense law firm online.
Related: The Role of a Houston Aggravated Assault Lawyer: How Legal Representation Can Help
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