Aggravated assault is one of the most serious charges you can face in Texas. Unlike simple assault, which involves threats or minor physical contact, aggravated assault is treated as a violent felony. It usually involves the use or exhibition of a deadly weapon but can also be charged when someone has suffered serious bodily injury. An example of serious bodily injury could include knife wounds that could, or did, result in permanent loss of the normal use or feeling in, say, someone’s hand. While a deadly weapon can be anything made, adapted, or even simply capable of causing serious bodily injury or death, some items prosecutors typically charge are firearms, knives and motor vehicles.
If you get into a fight outside your local bar and the other party claims you attacked them with a tire iron, knife, or other lethal weapon, Texas law enforcement officers will very likely charge you with aggravated assault. If that happens, you need legal representation, fast. In this guide, you’ll learn the role of a Houston aggravated assault lawyer and how the right defense can help you address the charges and protect your future.
What Is Aggravated Assault in Texas?
Under Texas Penal Code § 22.02, aggravated assault occurs when:
- Someone causes serious bodily injury to another, or;
- A deadly weapon is used or exhibited during the commission of an assault.
Serious bodily injury refers to harm that creates a substantial risk of death, permanent disfigurement, or long-term loss of bodily function. Deadly weapons include firearms and knives, but the definition is broad enough to encompass objects such as bottles, baseball bats, or tire irons if used in a manner capable of inflicting grave injury.
In the Texas criminal justice system, most aggravated assault cases are classified as second-degree felonies, punishable by two to twenty years in state prison and fines of up to $10,000. If aggravating factors are present, such as the alleged victim being a public servant, security officer, or family member (domestic violence), the charge can be elevated to a first-degree felony, which carries a prison sentence of five years to LIFE. The resulting criminal record can also affect:
- Professional licenses
- Ability to gain employment that requires a background check
- Your status in the United States, leading to immigration consequences
In Houston, allegations of aggravated assault frequently emerge from volatile situations such as bar altercations, domestic conflicts, or road rage incidents. When tempers flare and weapons are present, what may have begun as an argument can quickly escalate into a second-degree felony case. Even claims of self-defense may not prevent an arrest if officers believe that serious injury or the use of a weapon can be established.
Why You Need a Houston Aggravated Assault Attorney
Aggravated assault cases are prosecuted as violent felonies in Texas, and prosecutors push for heavy penalties when weapons or serious injuries are involved. Without representation, you’re up against prosecutors who routinely handle these cases daily and have extensive resources on their side. That imbalance makes it far easier for the State’s case to move forward without being questioned or challenged.
A Houston criminal defense lawyer examines every angle of the case, from how the arrest was conducted to the credibility of the evidence. For example, they can:
- Review medical records to determine if the injuries meet the legal standard of “serious bodily injury”
- Question whether there were aggravating circumstances
- Challenge whether a weapon was actually used as alleged, or question if it qualifies as a deadly weapon under Texas law
- Challenge questionable witness statements or expose witness’ motives
- Expose errors in police reports
- Push back against evidence gathered in violation of your rights
If you acted in self-defense, a Houston assault attorney can use surveillance footage or 911 recordings to demonstrate that you were protecting yourself. If the accusation rests on shaky identification, they may highlight problems with photo lineups or cross-examine witnesses on conflicting descriptions. In cases where intent is disputed, they might argue the conduct was reckless at most, not the deliberate act required for aggravated assault.
Your criminal defense lawyer also builds leverage through targeted negotiation. For example, if medical evidence doesn’t clearly support allegations of serious bodily harm, they can push prosecutors to reduce the criminal charge to simple assault. If witness testimony about a weapon is weak, they may seek to have the “deadly weapon” allegation dropped, which dramatically lowers potential penalties.
If trial becomes necessary, your lawyer presents the defense before a jury. That means cross-examining witnesses to expose contradictions, challenging forensic experts on their conclusions, and presenting evidence that supports your version of events. Their role is not simply to react to the state’s case but to actively test it, piece by piece, so that reasonable doubt is clear in the minds of jurors.
Defenses Commonly Raised in Aggravated Assault Cases
Every aggravated assault case turns on the defenses raised in court. The prosecution has the burden of proving its version of events, but the outcome often depends on how well your criminal defense lawyer challenges that evidence. By presenting legally recognized defenses, your lawyer can shift the focus from the state’s accusations to the weaknesses that create reasonable doubt.
- Self-Defense and Defense of Others: Texas law allows you to use force (and, in certain situations, deadly force) if you reasonably believe it’s necessary to protect yourself or someone else. Your criminal defense lawyer can present surveillance video, 911 calls, or testimony from witnesses to show that you acted to defend yourself, not to initiate violence. Demonstrating that your conduct was defensive rather than offensive can result in reduced criminal charges or even acquittal.
- Lack of Intent: To prove aggravated assault, prosecutors must show that you acted intentionally, knowingly, or recklessly. If the incident was accidental or the injuries don’t qualify as “serious bodily injury,” your lawyer may argue the aggravated assault charges were exaggerated. For example, evidence that the injury was temporary and not permanent could lower the felony offense from aggravated assault to simple assault.
- Mistaken Identity: Many aggravated assault cases unfold in chaotic environments such as bars, parking lots, or crowded public gatherings. In those situations, witnesses may confuse who was involved. Your criminal defense lawyer can highlight inconsistencies in descriptions, challenge the methods used to identify you, or present physical evidence that undermines the claim that you were the aggressor.
- Insufficient Evidence: The state must prove its case beyond a reasonable doubt. If the evidence is weak or inconsistent, your criminal defense attorney can challenge its reliability. This may involve questioning a witness’s credibility, pointing out gaps in the timeline, or showing that no physical evidence connects you to the alleged assault. Demonstrating that the state’s case doesn’t meet the legal standard can lead to dismissal or acquittal.
In some cases, multiple defenses are combined. For example, your criminal defense lawyer may argue that you acted in self-defense while also showing that the injuries don’t meet the threshold of “serious bodily injury.” A layered defense strategy gives the jury several reasons to question the prosecution’s case and increases the chance of a favorable outcome.
Arrested? Call a Texas Aggravated Assault Lawyer Now
Aggravated assault is a serious charge, but being accused doesn’t mean you’re without options. A skilled Houston aggravated assault defense lawyer can challenge the state’s case, assert your rights, and pursue a case disposition that protects your future.
If you or someone you care about is facing aggravated assault charges in the Houston area, the Law Office of Amanda Skillern has the experience and determination needed to defend you against these accusations. Amanda Skillern has spent years on both sides of the courtroom, first as a prosecutor and now as a criminal defense attorney, giving her insight into how these cases are built and how they can be dismantled. To request a confidential consultation, call 346.291.0432 or contact our criminal defense firm online.
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