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© 2023 by Thornton Criminal Defense, PLLC. 

Atascosa County Criminal Defense Attorney

San Antonio Office:

111 Soledad, Suite 401

San Antonio, Texas 78205

Tel: 210-439-5627

Atascosa Office:

216 N Bryant St

Pleasanton, Texas 78064








Attorney Brad Thornton is a highly experienced and Board-Certified criminal defense lawyer. With his background as a former Chief Prosecutor, he has a unique understanding of the criminal justice system and is able to provide comprehensive and effective representation to his clients. He is also deeply committed to ensuring that all individuals receive fair treatment in court, regardless of their background or circumstances.

Brad Thornton is dedicated to helping his clients achieve the best possible outcome for their case, whether it is in San Antonio or elsewhere in South Texas. He recognizes the stress and anxiety that can come with being accused of a crime, and approaches his clients with compassion while keeping them informed at every step of the process. His knowledge and experience make him a strong advocate for his clients.

Aggravated Assault - San Antonio Criminal Defense Attorney

Aggravated Assault

Texas Penal Code § 22.02 - AGG ASSAULT -SBI or AGG ASSLT W/DEADLY WPN

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What is aggravated assault in Texas and what are the penalties for conviction?

Aggravated assault is a serious crime in Texas, and those convicted of it face severe penalties. Aggravated assault is defined as an intentional act which causes serious bodily injury or the actor uses a deadly weapon during the commission of an assault. This can include physical contact such as punching, kicking or striking with an object, but also includes any action taken with the intent to cause physical harm even if no contact was made.

Aggravated Assault is a second-degree felony in Texas and can result in prison sentences up to 20 years depending on the severity of the offense. Some forms of probation are available under some circumstances and along with fines and restitution, as well as complete community service hours or other court-ordered programs.

How do prosecutors prove aggravated assault charges in Texas courtrooms?

In order to prove that a defendant has committed aggravated assault, prosecutors must demonstrate that the act was intentional and that serious bodily injury or use of a deadly weapon was involved. To do this, they may present evidence such as witness testimony, physical evidence, video recordings, or forensic evidence. Additionally, prosecutors can refer to any prior criminal history of the defendant if it is related to the offense in question.

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

Second-degree Felony

Third-degree Felony

State Jail Felony

Class A Misdemeanor

Class B Misdemeanor

2 - 10 years in prison

180 days - 2 years in jail

Up to 1 year in jail

Up to 180 days in jail

2 - 20 years in prison

5 - 99 years in prison

Up to $10,000

Up to $10,000

Up to $10,000

Up to $10,000

Up to $4,000

Up to $2,000