Understanding Assault With a Deadly Weapon Charges in Texas: Key Facts and Defenses
Facing a charge of assault with a deadly weapon in Texas is a serious legal matter that can carry life-changing consequences. Texas courts take these cases very seriously, and the penalties can be severe. If you or a loved one is facing this charge in McKinney, Plano, or elsewhere in Texas, understanding the law and knowing your defense options is critical.
What is Assault with a Deadly Weapon in Texas?
Under Texas Penal Code § 22.02, assault with a deadly weapon occurs when a person:
- Intentionally or recklessly causes bodily injury to another person while using or exhibiting a deadly weapon, or
- Threatens another person with imminent bodily harm while using or showing a deadly weapon.
Deadly weapons aren’t limited to firearms and knives. Texas law considers any object that can cause serious bodily harm or death as a deadly weapon. This could include:
- Firearms
- Knives
- Baseball bats
- Vehicles (when used with intent to harm)
- Broken bottles or other sharp objects
Even everyday items can be classified as deadly weapons if used aggressively.
Penalties for Assault with a Deadly Weapon in Texas
This charge is typically a second-degree felony but can be upgraded to a first-degree felony depending on the circumstances. The penalties include:
- Second-Degree Felony:
- 2 to 20 years in prison
- Up to $10,000 in fines
- First-Degree Felony (if the victim is a family member, public servant, security officer, or witness):
- 5 to 99 years or life in prison
- Up to $10,000 in fines
Additionally, a felony conviction can lead to long-term consequences like losing the right to own firearms, difficulty finding employment, and a damaged reputation.
Key Defenses Against Assault with a Deadly Weapon Charges
Facing this charge doesn’t automatically lead to a conviction. A skilled defense attorney can use various strategies to challenge the allegations. Some effective defenses include:
- Self-Defense
Texas law allows you to protect yourself if you reasonably believe you’re in danger. If you used a weapon to defend yourself from harm, this could be a valid defense. - Defense of Others
Similar to self-defense, you have the right to protect another person from harm, even if that means using force. - Lack of Intent
The prosecution must prove you intended to cause harm. If the injury was accidental, the charge may be reduced or dismissed. - False Allegations
Sometimes, people make false claims due to personal conflicts or misunderstandings. A thorough investigation can reveal inconsistencies in the accuser’s story. - No Deadly Weapon Was Involved
Your attorney can argue that the object in question does not meet the legal definition of a deadly weapon.
Why You Need an Experienced McKinney Assault Lawyer
Assault with a deadly weapon charges are aggressively prosecuted in Texas. Local prosecutors in McKinney and Plano won’t hesitate to push for the harshest penalties. That’s why it’s essential to have a defense attorney who understands Texas law and knows how to challenge the prosecution’s evidence.
At The Fox Firm, we:
- Investigate every detail of your case
- Challenge the credibility of witnesses and evidence
- Identify weaknesses in the prosecution’s argument
- Fight for reduced charges or a complete dismissal
Your freedom and future are too important to leave to chance.
Contact The Fox Firm Today
If you’re facing assault with a deadly weapon charges in McKinney, Plano, or anywhere in Texas, time is critical. The sooner you have experienced legal representation, the stronger your defense will be. Contact The Fox Firm today for a confidential consultation and let us fight for your rights.