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

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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.