Potential Penalties for Aggravated Assault in Texas

 Posted on July 05, 2024 in Criminal Defense

Aggravated assault is a serious crime in Texas, carrying significant legal consequences. Understanding the potential damages and defenses is crucial for anyone facing such charges. A Texas lawyer can help you understand the nature of aggravated assault, defenses, and the importance of legal representation in these cases.

What Makes an Offense an Aggravated Assault?

In Texas, an assault becomes aggravated when certain factors elevate the severity of the offense. These factors typically involve the use of a deadly weapon or causing serious bodily injury to the victim. For instance, if an individual uses a firearm in an assault, even if they do not discharge it, the offense can be classified as aggravated assault. Similarly, if the assault causes severe injuries such as broken bones, disfigurement, or injuries requiring extensive medical treatment, authorities may charge it as aggravated assault. The law also considers the identity of the victim; assaults against public servants, security officers, or emergency services personnel are often treated as aggravated offenses. Classifying the assault as aggravated assault considers the perpetrator’s previous conviction for a similar offense and their relationship to the victim (family member or intimate partner).

The consequences of an aggravated assault conviction in Texas are severe. As a second-degree felony, it typically carries a prison sentence of two to 20 years and a fine of up to $10,000. However, certain circumstances can elevate the charge to a first-degree felony, increasing the potential prison sentence to five to 99 years or life imprisonment. A conviction can result in long-lasting consequences, such as loss of voting rights, employment difficulties, professional license restrictions, loss of gun ownership rights, and potential immigration consequences for non-citizens.

Are There Possible Defenses for Aggravated Assault?

Yes, there are several potential defenses for aggravated assault charges in Texas. A criminal defense attorney can help determine the most appropriate strategy based on the specific circumstances of your case. Some defenses include:

• Self-defense or defense of others
• Lack of intent to cause harm
• Mistaken identity
• Insufficient evidence
• Violation of constitutional rights during arrest or investigation
• Absence of a deadly weapon
• Lack of serious bodily injury
• Consent of the alleged victim (in certain circumstances)

The effectiveness of these defenses depends on the facts of each case and the skill of your legal representation.

How a Lawyer Can Help You

Facing aggravated assault charges is a serious matter that requires professional legal help. An experienced attorney can provide invaluable support throughout the legal process. They will thoroughly analyze the evidence against you, identifying any weaknesses in the prosecution’s case. This analysis forms the foundation of a strong defense strategy tailored to your specific situation.

Your attorney will also handle all communication with law enforcement and prosecutors, protecting your rights and ensuring you do not inadvertently say anything that could harm your case. They can negotiate with prosecutors for reduced charges or penalties, potentially leading to a more favorable outcome. Should your case proceed to trial, your attorney will present your defense, interrogate witnesses, and make a compelling argument in your favor to the court.

Protect Your Future With a Weatherford, TX Criminal Defense Attorney

Do not let the complexities of Texas law overwhelm you. A Parker County, TX criminal defense lawyer can help you take the next strategic step that makes sense for your specific circumstances. Call Soraya Joslin, P.C. at 817-599-7005 to start with a free consultation.