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Aggravated Assault - Family Violence
Texas Penal Code § 22.02(B)(1) - AGG ASSAULT DATE/FAMILY/HOUSE W/WEAPON
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Aggravated Assault- Family Violence Attorney in San Antonio, Texas
Aggravated assault – family violence is a serious criminal offense in Texas that is defined in section 22.02(b)(1) of the Texas Penal Code. This offense occurs when a person intentionally or knowingly causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code, and uses a deadly weapon during the commission of the assault.
A "deadly weapon" is any object that is capable of causing death or serious bodily injury, such as a firearm or a knife. "Serious bodily injury" is defined as an injury that creates a substantial risk of death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
The victim of the offense must be a family member or someone with whom the defendant has a close relationship, as defined by these sections of the Family Code. This form of aggravated assault is the only form that requires both the use of a deadly weapon and the causing of serious bodily injury to the victim.
Aggravated assault – family violence is classified as a first-degree felony in Texas, which is punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 99 years or life, and a fine not to exceed $10,000. This offense is taken very seriously by the criminal justice system and can have severe consequences for those convicted of it.
When the Crime Results in Death
It is not uncommon for prosecutors to charge the offense of aggravated assault – family violence in cases where the victim is a family member and the defendant is accused of causing their death. This is because the offense of aggravated assault–family violence does not require the prosecutor to prove that the defendant had the intent to kill the victim.
In order to prove the offense of murder, the prosecutor must show that the defendant had the specific intent to cause the death of the victim. This can be difficult to prove, as it requires the prosecutor to show that the defendant had a particular state of mind at the time of the offense.
The punishment for the offense of aggravated assault – family violence, which is a first-degree felony, is the same as the punishment for the offense of murder, which is also a first-degree felony. Both offenses are punishable by imprisonment in the Texas Department of Criminal Justice for a term of not more than 99 years or life, and a fine not to exceed $10,000.
Defenses to the Crime in Texas
If you have been charged with the offense of aggravated assault – family violence in Texas, it is important to understand the various defenses that may be available to you. While each case is unique, there are several common defenses that are frequently raised in cases involving this offense.
Self-defense: One potential defense to the charge of aggravated assault–family violence is self-defense. If you can show that you were acting in self-defense or defense of others when the alleged assault occurred, you may be able to have the charges against you dismissed or reduced. In order to successfully raise this defense, you must be able to show that you reasonably believed that you or someone else was in imminent danger of suffering bodily injury and that you used no more force than was reasonably necessary to protect yourself or others.
Lack of intent: Another potential defense to the charge of aggravated assault–family violence is a lack of intent. In order to be convicted of this offense, the prosecutor must prove that you intentionally or knowingly caused serious bodily injury. If you can show that you did not have the necessary intent, you may be able to have the charges against you dismissed or reduced.
False accusations: It is not uncommon for individuals to be falsely accused of aggravated assault – family violence, either due to a misunderstanding or because of malicious intent. If you can provide evidence that the allegations against you are false, you may be able to have the charges against you dismissed or reduced.
It is important to note that these are just a few of the possible defenses to the charge of aggravated assault – family violence in Texas. The specific defenses available to you will depend on the facts of your case. If you have been charged with this offense, it is important to speak with an experienced criminal defense attorney to discuss your options and determine the best defense strategy for your case. Call Brad Thornton, one of the top aggravated assault defense attorneys in San Antonio today.