In 2016 there were 72,609 reports of aggravated assault in Texas. If you are facing this charge, or worse, aggravated assault with a deadly weapon, you can feel lost and scared.
These are serious charges, and you shouldn’t face this situation alone. This first thing you need to do is know what you are facing.
Keep reading for an explanation of your charge, potential punishments, and your defenses.
Aggravated Assault with a Deadly Weapon
To be charged with aggravated assault with a deadly weapon in Texas under Penal Code 22.02 you need to commit an aggravated assault while using or exhibiting a deadly weapon.
What Is an Aggravated Assault?
To be charged with an aggravated assault, you need to either cause serious bodily harm or use a deadly weapon in a simple assault. You will be charged if you knowingly, intentionally, or recklessly cause bodily harm to someone while using a deadly weapon.
What Is a Deadly Weapon in Texas?
The most obvious weapon that we all know as deadly is firearms. But this isn’t the only thing that qualifies as deadly.
The other category of deadly weapons is anything that can cause bodily injury or death. Here are some examples or other deadly weapons:
- Explosive weapons
- Tire deflation devices
- Armor piercing ammunition
- Hoax bombs
- Zip guns
- Chemical dispensing devices
This isn’t an exhaustive list.
Potential Punishments to Your Charge
You can expect to be charged with a second-degree felony for aggravated assault. This means you face anywhere from two to twenty years in state prison. You also may have to pay a fine of up to $10,000.
However, your charges can go up to a first-degree felony. This is punishable by five years to life in prison. This can happen if any of these things happen:
- Family or dating violence that causes serious bodily harm
- Your act was against a public servant on duty
- Committed against a witness
- Is a drive-by shooting
The minimum punishment for your charges is nothing. This is why a solid defense strategy from a knowledgeable and experienced attorney is so vital.
The court will look at the defense your attorney presents, your previous criminal history, and the circumstances of this event. These details will dictate the severity of the punishment.
Defenses to Your Charge
While every case is different, there are two common defenses for aggravated assault with a deadly weapon.
The first is self-defense. You need to have felt a reasonable threat to your bodily safety for this defense to work.
The second defense is the defense of property. The injured party must have threatened to destroy, steal, or defile your property.
Speak with an Attorney
If you have been charged with aggravated assault with a deadly weapon, then you need to speak with an attorney. This is not the type of charge you want to try and represent yourself in court over.
An experienced and knowledgeable attorney will analyze your situation, the events leading to arrest, and your options.
If you haven’t spoken to or hired an attorney to represent you yet, we can help you.
Contact us today, and we will be happy to sit down and discuss your case.