San Antonio Aggravated Assault Attorney

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.

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.

What should I do if I am arrested for or accused of aggravated assault in Texas ?

If you are arrested or accused of aggravated assault in Texas, it is essential to seek legal counsel as soon as possible. Thornton Criminal Defense 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.

Call Attorney Brad Thornton Today! (210) 439-5627