Austin Aggravated Assault Lawyer
Aggravated Assault with a Deadly Weapon Texas
Aggravated assault in Texas is classified as a violent crime that can result in severe penalties. If you are facing aggravated assault charges, turn to Cofer & Connelly, PLLC’s criminal defense attorneys for a powerful defense.
To learn more, reach out to the Austin aggravated assault lawyers at Cofer & Connelly, PLLC by calling (512) 991-0576 or online.
Due to the impact that aggravated assault may have on someone, you may be wondering the following:
- What is the difference between aggravated assault and assault?
- What is a deadly weapon?
- What are the penalties for aggravated assault?
- What are the defenses to aggravated assault?
Defining Aggravated Assault in Texas
The Texas Penal Code harshly penalizes individuals found guilty of committing aggravated assault. Under Texas law Sec. 22.01, an assault occurs when someone does the following:
- Intentionally, knowingly, or recklessly causes bodily injury to another person;
- Intentionally, knowingly, or recklessly threatens to cause imminent bodily injury to another person; or
- Intentionally, knowingly, or recklessly causes offensive or provocative physical contact with another person.
An assault is considered aggravated assault under Texas Penal Code Sec. 22.02 if someone performs one of the above with a deadly weapon or causes serious bodily injury to another person.
Definition of a Deadly Weapon in Texas
According to Texas law, a deadly weapon is considered the following:
- A firearm or anything designed, made, or adapted for the purpose of inflicting death or serious injury to another person; or
- Anything that in the manner of its use or intended use is capable of causing death or serious injury to another person.
As a result, a deadly weapon is anything that could cause death or serious injury to another person. So, for example, if an individual was trained in martial arts, their fists could qualify as deadly weapons. If the said individual got into a fight with someone, they could potentially be charged with aggravated assault because their fists are a deadly weapon.
Definition of a Serious Bodily Injury in Texas
Under Texas law, a serious bodily injury is an injury that creates a risk of death or causes death, serious permanent disfigurement, or a long-lasting loss or impairment.
Penalties for Aggravated Assault in Texas
Generally, an aggravated assault is charged as a second-degree felony; however, in someone circumstances, the offender can be charged with a first-degree felony, which may result in the following penalties:
- Second-Degree Felony: A second-degree felony can result in two to twenty years in prison and a fine of up to $10,000.
- First-Degree Felony: A first-degree felony can result in life in prison and a fine of up to $10,000.
In some situations, a skilled aggravated assault defense attorney will work to get the aggravated assault charge lowered or reduced to a third-degree felony or a misdemeanor. Reducing the charge may result in less severe penalties such as:
- Third-Degree Felony: A third-degree felony can result in two to ten years in prison and a fine of up to $10,000.
- Class A Misdemeanor: Class A misdemeanors are the most serious misdemeanor classification and may result in up to 12 months in jail and a fine of up to $4,000.
- Class B Misdemeanor: A class B misdemeanor may result in up to 180 days in county jail and up to a $2,000 fine.
- Class C Misdemeanor: A class C misdemeanor is the least serious misdemeanor classification and generally does not result in jail time but a fine of up to $500.
Collateral Consequences for an Aggravated Assault Conviction
In addition to fines and jail time, an individual may also bear the burden of the following consequences:
- Inability to legally own or possess a firearm;
- Ineligibility for certain professional certifications;
- Inability to receive certain federal loans;
- Inability to rent or buy a home in certain areas or through certain companies; and
- Restraining order restrictions.
Unfortunately, being convicted of a felony may follow someone for the rest of their life even after they have paid their fines and done their time.
Probation for Aggravated Assault in TX
While it may be unlikely to receive probation for aggravated assault, it may be possible with an experienced attorney. Generally, the judge decides to sentence an individual to probation rather than sentence them to prison or jail time. If someone is given probation, they are required to follow a strict set of rules. Failure to follow the rules may result in the probation being revoked and a prison sentence being imposed. Examples of restrictions that may be placed on someone given probation are:
- Cannot possess a firearm;
- Cannot be arrested for anything;
- Must pass random and/or routine drug and alcohol tests;
- Perform a set number of community service hours;
- Check in regularly with an assigned probation officer.
It is important to note that an assault such as sexual assault cannot result in a probation sentence because of the nature of the crime.
Defenses to Aggravated Assault in Texas
First and foremost, the prosecution must prove that there was an assault, meaning there had to be intent, knowledge, or recklessness involved when someone was threatened, injured, or put in fear of being seriously injured.
As an example, the defendant had a cell phone in their hand while entering a bank. The teller believed it was a gun and thought their life was in danger. The teller called the police, and the defendant was charged with assault with a deadly weapon. In this scenario, it would be difficult for the prosecution to prove that the defendant had the intent to make someone believe their life was in danger. Therefore, if the prosecution cannot prove or the defense can show that there was no intent, knowledge, or recklessness, then it is likely that the charge will be dismissed.
Additionally, an experienced attorney will evaluate the facts of the case and attempt to use the following defenses, if available.
- No Serious Bodily Injury: One of the requirements of aggravated assault is serious bodily injury. Therefore, an aggravated assault case will likely be dismissed if there was no serious bodily injury.
- Self-Defense or Defense of Others: Another defense is self-defense or defense of others. If someone believes their life or someone else’s life is in imminent danger and they “assault” the aggressor, it can be considered self-defense or self-defense of others.
- No Weapon Present: Another requirement of aggravated assault may be that there was a deadly weapon present. Therefore, if the defense can prove that there was no weapon during the commission of the assault, then the case may be lowered to assault, resulting in fewer penalties.
- Defense of Property: Texas is considered a "Stand Your Ground" state, meaning someone does not need to retreat when approached aggressively. Therefore, a self-defense claim can be made even if someone is on public property and does not retreat when they can.
Texas Aggravated Assault Statute of Limitations
The statute of limitations requires that a claim be brought within a specific amount of time after the incident, or it will be dismissed because the statute of limitations period has run. The statute of limitations aims to ensure that false accusations are not made years after an incident when there is less evidence to make or disprove a case.
Unless otherwise specified in statutes, the statute of limitations for most felonies is three years. This means that within three years of the incident or discovering the identity of the offender, whichever is later. However, the discovery must be reasonable there, meaning that the clock will begin when it becomes reasonable that the identity should have been discovered. As a result, if the incident occurred and the identity was reasonably available at that time, then the prosecution would have three years from the date of the incident to file a complaint. Failure to do so will result in the case being dismissed once it is brought.
Defense from Experienced Aggravated Assault Attorneys in Austin, TX
Our Austin aggravated assault attorneys here at Cofer & Connelly, PLLC have a track record of success defending individuals charged with violent crimes, including aggravated assault. Our success is due to our ability to defend our clients strategically, aggressively, and innovatively. Do not take a chance on your future by trusting just any lawyer to defend you against the charges.
Make the right call by reaching out to Cofer & Connelly, PLLC today. To schedule a free consultation with our aggravated assault lawyers in Austin, contact us by calling (512) 991-0576 or online.
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