Aggravated Assault in Texas: What Sets It Apart and How It’s Penalized
Assault charges in Texas are serious, but aggravated assault raises the stakes even higher. If you’re facing aggravated assault charges in McKinney, Plano, or anywhere in Texas, it’s crucial to understand what makes this charge more severe and how the law treats it. This guide will break down what aggravated assault means, the penalties involved, and how a strong legal defense can protect your future.
What Is Aggravated Assault in Texas?
Under Texas Penal Code § 22.02, aggravated assault is an elevated form of assault that involves:
- Causing serious bodily injury to another person, or
- Using or exhibiting a deadly weapon during the commission of the assault.
This means that even if no one is seriously injured, the presence of a weapon—like a gun, knife, or even a blunt object—can escalate a simple assault charge to aggravated assault. In bar fights or heated arguments, the introduction of any object that can cause harm might lead to this more serious charge.
Examples of Aggravated Assault
- Using a Weapon: Pulling a knife during a fight at a McKinney bar, even if no one is injured, could result in aggravated assault charges.
- Serious Injuries: Severely injuring someone in a physical altercation, even without a weapon, can also lead to this charge.
- Domestic Disputes: Assault involving family or household members with a weapon is often charged as aggravated assault with family violence, which carries additional consequences.
Penalties for Aggravated Assault in Texas
Aggravated assault is typically charged as a second-degree felony in Texas, but certain factors can elevate it to a first-degree felony.
- Second-Degree Felony:
- 2 to 20 years in prison
- Fines up to $10,000
- First-Degree Felony (if the assault involves domestic violence, a public servant, or a witness):
- 5 to 99 years or life in prison
- Fines up to $10,000
In McKinney and Plano, prosecutors aggressively pursue aggravated assault cases. Convictions can lead to long-term prison sentences, loss of gun ownership rights, and permanent damage to your personal and professional reputation.
Defenses Against Aggravated Assault Charges
Facing aggravated assault charges doesn’t mean you’re out of options. An experienced criminal defense lawyer can explore several strategies to protect your future:
- Self-Defense: Texas law allows you to defend yourself if you reasonably believed you were in danger of harm.
- Defense of Others: You have the right to protect someone else if they were being threatened.
- Lack of Intent: If the harm caused was accidental and not intentional, the charge could be reduced or dismissed.
- False Accusation: In emotionally charged situations, false claims are not uncommon. A thorough investigation can uncover the truth.
- Mistaken Identity: In chaotic situations, witnesses may misidentify the wrong person.
A local defense attorney who understands the McKinney and Plano legal systems can thoroughly evaluate your case and build a strong defense.
Why You Need a McKinney Assault Lawyer
Aggravated assault is one of the most serious charges in Texas. Prosecutors won’t hesitate to pursue harsh penalties. Having an aggressive and experienced attorney is critical. At The Fox Firm, we:
- Investigate every detail of your case
- Challenge evidence presented by the prosecution
- Identify weaknesses in the case against you
- Negotiate for reduced charges or even case dismissal
Whether it’s fighting for your rights in court or negotiating a favorable plea deal, we are committed to protecting your future.
Contact The Fox Firm Today
If you’re facing aggravated assault charges in McKinney, Plano, or anywhere in Texas, you can’t afford to wait. Every moment counts when building your defense. Contact The Fox Firm today for a confidential consultation. Let us help you take control of your situation and fight for the best possible outcome.