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Aggravated Assault

Houston Assault Attorney

Violent crimes such as assault and aggravated assault are aggressively prosecuted in the State of Texas. If you’ve been accused of this crime, you need skilled legal counsel from the Houston assault attorneys at Maverick Ray & Associates. 

An assault defense attorney who has years of experience handling cases like yours can help defend your rights and fight for a positive outcome. We will review your case, develop a strategic defense, and argue on your behalf. We provide comprehensive legal services for Texas clients, including collecting evidence, interviewing witnesses, and representing you in court.

If you have been charged with assault, contact our offices today at (281) 672-8029 or by filling out our free online contact form.

What Are Assault Charges?

In Texas, assault offenses are defined under Chapter 22 of the Penal Code. According to Section 22.01, a person may be charged with assault if he or she:
  • Intentionally, knowingly, or recklessly causes bodily injury to another, including their spouse;
  • Intentionally or knowingly threatens another, including their spouse, with imminent bodily injury;
  • Intentionally or knowingly causes physical contact with another that they know or should have known would be considered “offensive or provocative.”
A conviction for assault can result in serious consequences, including jail time. If you have been arrested or are facing charges, the first thing you should do is consult an assault attorney in Houston.

Is Assault a Misdemeanor or a Felony?

Under the Texas Penal Code, assault charges can be filed as a misdemeanor or a felony, depending on the circumstances of the case. For a first offense simple assault charge, a person will generally be charged with a Class A misdemeanor punishable by a fine not to exceed $4,000 and up to a year in jail. However, if the assault was perpetrated against a public servant, a family member, a pregnant woman, an emergency services personnel, a security officer, or other protected individuals, a person can be charged with a felony of the third degree punishable by up to ten years in prison.

What Is Aggravated Assault in Texas?

Under Texas law, assault and battery refer to the same crime of “assault.” The offense of assault can be upgraded to aggravated assault, depending on the situation. Aggravated assault refers to:
  • Causing serious bodily injury to someone
  • Using or exhibiting a deadly weapon during the assault
Pursuant to Texas Penal Code §1.07(a) (17), a deadly weapon is defined as “(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting serious death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.” If you are charged with assault with a deadly weapon, you need a Houston assault attorney who knows the law and can fight the charges against you. A conviction could result in life imprisonment.

How Is Bodily Injury Defined?

Bodily injury is defined by Texas law as any physical pain, impairment, or illness of any body part or organ.

Serious bodily injury is an injury that causes:

  • Death;
  • Substantial risk of death
  • Serious permanent disfigurement;
  • Loss or impairment of a bodily function, member, or organ

What Are the Penalties for Aggravated Assault?

In Texas, aggravated assault is a second-degree felony punishable by up to 20 years in prison and a fine not to exceed $10,000.

An aggravated assault charge can be increased to a first-degree felony if someone uses a deadly weapon and causes bodily injury to a family member, parent, guardian, foster child, member of a household, or someone they are dating.

Additionally, using a deadly weapon against a public servant or security officer while they are performing their job will also result in first-degree felony charges. If convicted of a felony of the first degree, a person may face up to life in prison and a fine not to exceed $10,000.

Can I Be Charged With Domestic Violence in Texas?

In Texas, assault charges include those perpetrated against a spouse or other members of a person’s household. Depending on the situation, penalties may be increased when an assault is committed against a spouse or person that the perpetrator is in a close relationship with.

Domestic violence, also referred to as family violence or domestic assault, can result in felony charges on a first offense. It is imperative that you consult a Houston assault lawyer if you have been arrested for domestic violence. It is important to note that once filed, only a prosecutor can reduce or dismiss the charges, despite whether a victim wishes to drop the charges.

CONTACT MAVERICK RAY & ASSOCIATES