Being charged with aggravated assault in Texas is extremely serious, with potential consequences including substantial fines and years in prison. The Texas judicial system provides those accused of crimes with legal rights and defense options. Understanding the law and aggressive representation can be key to building an effective defense strategy. Here is an overview of aggravated assault charges and the legal process in Texas.

What is Aggravated Assault?

In Texas, assault charges are categorized into assault, aggravated assault, and aggravated assault with a deadly weapon. Aggravated assault is considered a second-degree felony.

According to Texas Penal Code § 22.02, a person commits aggravated assault if they:

• Cause serious bodily injury to another
• Use or exhibit a deadly weapon during commission of the assault
• Cause bodily injury to specific categories of public servants like law enforcement, firefighters, EMS, or teachers

Unlike simple assault, aggravated assault charges involve a weapon, serious injury, or the victim being a member of a protected class. This elevates the crime to a felony offense.

Penalties and Sentencing Guidelines

In Texas, aggravated assault is a second-degree felony, punishable by:

• 2 to 20 years in state prison
• Up to a $10,000 fine

Use of a deadly weapon can enhance the charge to a first-degree felony, carrying 5 to 99 years in prison. Repeat offenders face harsher sentencing. The judge determines penalties based on specifics of the case.

Legal Definition of Terms

• Deadly weapon – Gun, knife, blunt object or anything capable of causing death or serious injury
• Serious bodily injury – Harm creating substantial risk of death, loss of limb, disfigurement or extended impairment
• Bodily injury – Physical pain, illness, or damage to the body

These definitions are important, as aggravated assault requires serious injury or a deadly weapon according to Texas law.

Common Defenses Against Aggravated Assault

A skilled criminal defense attorney can identify defenses to build a strong case, such as:

• Self-defense – Using reasonable force to protect oneself against attack
• False accusations – The allegations are fabricated or inaccurate
• Mistaken identity – You are wrongly identified as the perpetrator
• Lack of intent – You did not knowingly or intentionally commit assault

Evidence and witness testimony to support these defenses can create reasonable doubt leading to acquittal or reduced charges/sentencing.

The Legal Process After an Aggravated Assault Arrest

If arrested for aggravated assault, here is the general legal process:

1. Booking and bail hearing – Bail may be set authorizing pre-trial release
2. Review of police reports and evidence – The defense reviews all materials related to the charges.
3. Case investigation – Your lawyer investigates the incident to build a defense.
4. Plea negotiations – Many cases end in a plea bargain rather than trial.
5. Trial – If no plea is reached, trial proceedings determine guilt or acquittal.
6. Sentencing – If found guilty, the judge hands down your penalty and punishment.

An experienced criminal defense lawyer can guide you through each step.

Conclusion

Aggravated assault allegations are extremely serious in Texas. While charges bring potentially severe penalties, those accused still have rights and defense options. Comprehensive case investigation and preparation can reveal opportunities to build a strong defense against the allegations. With an in-depth understanding of Texas assault law and a strategic legal approach, some charges may be dismissed or reduced, leading to a more favorable outcome. This overview provides general information, but contacting a criminal lawyers Houston is crucial for legal advice on your specific case.