Protect your rights
You have the right to have an attorney with you when you are questioned so be sure to invoke that right.
Learn your options
Learn your options. You have defense strategy options for your case that you should carefully consider.
Experience matters. Aggravated assault cases are often complex; we have the experience to help you.
You need to plan what you will do with the ultimate goal of your case in mind.
What is aggravated assault?
Aggravated assault in Texas is a very serious charge. These charges are levied against a person who uses or threatens to use something considered a deadly weapon against another person. There are different degrees of aggravated assault, each of which has specific criteria. The most serious of these is a first-degree felony. Both other types are second-degree felonies.
First degree aggravated assault is an attack on a family member in which serious bodily injuries occurs and a deadly weapon was a factor. One of the second-degree aggravated assault charges occurs when you either inflict some bodily harm, meaning causing pain to another person or if you threaten someone with an item that is considered a deadly weapon. The other second degree aggravated assault charge occurs when you cause someone a serious injury. In this case, no deadly weapon has to be present because of the severity of the injuries.
You must understand a couple of definitions if you are facing an aggravated assault charge – serious bodily injury and deadly weapon. These are the cornerstones of these charges
Serious bodily injury includes those that cause scarring, broken bones, impairment, disfigurement, loss of hearing and similar conditions. For some points, such as scarring, disfigurement, and impairment, the condition must be permanent.
A deadly weapon is an object that can cause harm. A gun, knife and similar weapons are considered deadly weapons. Even a stick might be considered a deadly weapon in some instances. Typically, the circumstances will determine if an object is a deadly weapon.
Can I go to jail for aggravated assault in Texas?
Aggravated assault convictions can result in time in prison. A first-degree charge can lead to five years to life in prison. The second-degree charges can result in 2 to 20 years in prison. When you consider these possibilities, you can see why a defense is crucial in these cases.
It is sometimes possible to not have to deal with time in prison, but you must handle your defense carefully. You might be able to settle a plea deal for a lesser charge. You might also be able to have the case handled through deferred adjudication, which means you won’t have to face a conviction if you follow the program and you may be able to have the record sealed. In some cases, you might be able to be sentenced to probation instead of time in prison.
Aggravated assault charges can also be resolved if the case is no-billed, which means that it is dismissed by the grand jury. It can also end in a not guilty verdict by a jury or by being dismissed by the prosecutor. These events aren’t likely going to occur automatically, so you must ensure that your defense plan has these goals in mind.
What happens if you get charged with aggravated assault?
When you are charged with aggravated assault, you will be arrested. You will remain in jail until you can post the bail that is required by the court. You won’t be able to have contact with the alleged victim or any co-defendants as long as the case is pending.
Other penalties, including losing a license to carry, are possible if you are facing an aggravated assault charge. Speak to your attorney to find out what other possible penalties you might face because of your charge.