In Texas, when you’re facing a criminal accusation for assault with a deadly weapon, you need the help of an expert criminal defense attorney from Maverick Ray & Associates. With their professional legal representation, you can rest assured that your rights will be protected throughout the entire legal process. A person who uses or displays a deadly weapon during an assault can be charged with assault with a deadly weapon.
This offense is a first-degree felony if it causes serious bodily injury to someone else through the use of a weapon. Examples of what constitutes a weapon in the Texas Penal Code includes machine guns, zip guns, handguns, short-barrel firearms, firearm silencers, switchblade knives, daggers, Bowie knives, swords, clubs, nightsticks, mace, brass knuckles, or explosive weapons.
Assault with a deadly weapon is usually charged as a second-degree felony and punishable by fines up to $10,000 and a prison sentence of 2 to 20 years. Under certain circumstances, this can even be elevated to a first-degree felony.
These circumstances include violence against a security officer, a family member or partner, a public servant, or in retaliation against a witness in a criminal case. When this becomes a first-degree felony, the penalties can be five to 99 years or life in prison with fines up to $10,000.
In addition, under Sec. 22.02 of the Texas Penal Code assault with a deadly weapon (aggravated assault) may be charged as a first-degree felony if:
Serious bodily injury is defined under Sec. 1.07(a)(46) of the Texas Penal Code as an injury “that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
Determining the best defense for the case is our job as your criminal defense lawyer in Texas. We have the experience needed to determine what strategy will work best for you. When a case involves an accusation of assault with a deadly weapon, we may be able to apply one of the following assault with a deadly weapon charges defenses to your case.