San Antonio Aggravated Assault Attorney
Experienced Aggravated Assault Attorneys in San Antonio, Texas
What is aggravated assault in Texas and what are the penalties for conviction?
Aggravated assault is a serious crime in Texas, carrying harsh penalties for those convicted. It is defined as an intentional act that results in serious bodily injury or involves the use of a deadly weapon during the commission of an assault. This can include physical actions such as punching, kicking, or striking someone with an object, but also encompasses any behavior intended to cause harm, even if no actual contact occurs. The San Antonio aggravated assault attorney at Thornton Criminal Defense has extensive experience navigating these complex cases, providing strategic representation to defend clients against such serious charges.
In Texas, aggravated assault is typically classified as a second-degree felony, with potential prison sentences of up to 20 years, depending on the severity of the offense. Probation may be an option in certain cases, and other penalties can include fines, restitution, community service, or participation in court-ordered programs.
FORMER PROSECUTOR
San Antonio Criminal Defense Attorney Brad Thornton has spent years in court rooms fighting for justice. As a prosecutor, Brad was a leader on cases ranging from marijuana to murder from arrest to appeal. Who better to fight for your rights than someone who knows the “other side” and has tried the toughest of cases out there. Put his experience and knowledge to work for you.
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How Do Prosecutors Establish Aggravated Assault Charges in Texas Courts?
To prove that a defendant committed aggravated assault, prosecutors must establish that the act was intentional and involved either serious bodily injury or the use of a deadly weapon. They typically do this by presenting various forms of evidence, such as witness testimony, physical evidence, video recordings, or forensic analysis. In addition, the prosecution may introduce any relevant prior criminal history of the defendant to support their case, especially if it demonstrates a pattern of violent behavior. Medical records showing the extent of the victim’s injuries or expert testimony can also be critical in proving the severity of the harm caused. The San Antonio aggravated assault attorney at Thornton Criminal Defense can challenge the prosecution’s evidence, working to weaken their arguments and protect the defendant’s rights.
Aggravated Assault Causing Serious Bodily Injury
The prosecutor must prove that you intentionally, knowingly, or recklessly caused serious bodily injury to the victim.
Serious Bodily Injury is defined as an injury that creates a substantial risk of death or causes death, permanent disfigurement, or long-term loss of any part of the body.
Examples can include:
- A knife wound that causes damage to an organ or the functioning of a part of the body
- Scarring or disfigurement that requires prolonged medical treatment
- A broken bone that requires surgery to prevent disfigurement
- An injury to the eyes that results in full or partial blindness
Examples that would probably not be considered serious bodily injury include:
- A broken bone heals without long-term consequences
- A knife wound that was superficial or didn’t cause damage to any organs
- Minor cuts or bruises that do did not leave permanent damage
Aggravated Assault with a Deadly Weapon
In this form of aggravated assault, the prosecutor must prove that you intentionally, knowingly, or recklessly caused bodily injury and that you used or exhibited a deadly weapon while committing the assault.
A deadly weapon is a “firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.”
Examples of these can include:
- Guns
- Knives
- Machetes
- Brass knuckles
- Klingon bat’leths
Are there Any Potential Enhancements to Aggravated Assault?
Family Violence
If the crime involved family violence and both causes serious bodily injury and involves the use of a deadly weapon, the crime is enhanced to a first degree felony.
Public Servants and Witnesses
If the crime was committed against a public servant or witness then it is also enhanced to a first degree felony. Public servants consist of a wide range of government employees and most commonly involve police officers, but less commonly can include firefighters, EMS personnel, and teachers among others.
Punishment Ranges
Level of Offense | Potential Incarceration | Potential Fine |
First-degree Felony | 5 - 99 years in prison | Up to $10,000 |
Second-degree Felony | 2 - 20 years in prison | Up to $10,000 |
Third-degree Felony | 2 - 10 years in prison | Up to $10,000 |
State Jail Felony | 180 days - 2 years in jail | Up to $10,000 |
Class A Misdemeanor | Up to 1 year in jail | Up to $4,000 |
Class B Misdemeanor | Up to 180 days in jail | Up to $2,000 |
What are some common defenses to allegations of aggravated assault in Texas criminal courts?
Common defenses to allegations of aggravated assault in Texas criminal courts include self-defense, defense of another person, or accidental injury.
Self-Defense
In a claim of self-defense, the defendant must show that his/her actions were taken out of necessity and there was an imminent threat of danger against him/her.
Defense of Others
The defense of another involves showing that the defendant was protecting another person from harm and not acting with malicious intent.
Lack of Intent
Lastly, an accident may be used if the defendant can demonstrate that he or she had no intention to cause any form of harm through his/her actions.
Depending on individual circumstances, these arguments may be used to reduce charges or have them dismissed altogether.
Contact Our San Antonio Aggravated Assault Lawyers Today
If you are arrested or accused of aggravated assault in Texas, it is essential to seek legal counsel as soon as possible. The San Antonio aggravated assault attorney at Thornton Criminal Defense has extensive experience navigating these complex cases, providing strategic representation to defend clients against such serious charges. We can help navigate the legal process and protect your rights. It is important to remember that even if the charges against you are dropped, a just the arrest for aggravated assault could negatively impact your future prospects, so it is always best to consult with an experienced criminal defense attorney who can provide advice on how to proceed.
Contact Attorney Brad Thornton Today! (210) 439-5627