Is Aggravated Assault Considered a Felony in Texas?

 Posted on August 31, 2023 in Criminal Defense

 In Texas, aggravated assault is a felony violent crime with significant legal consequences for the accused party if convicted. Today, we will explore the definition of aggravated assault, the elements that determine its severity, and the potential penalties if convicted. Understanding the legal implications of aggravated assault is essential, as an aggressive legal defense first requires a fundamental understanding of the charges themselves. Contact a criminal defense lawyer if you are faced with aggravated assault charges, as not doing so will place you in greater danger of being sent to prison. 

What Makes Aggravated Assault Different from a Typical Assault Charge?

Aggravated assault refers to a specific type of assault that involves purposefully causing serious physical injury or using a deadly weapon during the allegedly committed crime. When assault is considered aggravated, it means there was a factor present at the time of the crime that escalates the severity of the crime from regular assault. The distinction between assault and aggravated assault is important to understand since the penalties associated with aggravated assault are significantly more severe than those for a typical assault charge.

What Elements Make Aggravated Assault Such a Serious Charge?

To establish a case of aggravated assault, the prosecution must meet the burden of proof in criminal cases, which is beyond a reasonable doubt. Furthermore, prosecutors must prove certain elements were present when the crime was committed. These elements include intentionally or knowingly causing serious bodily injury, using a deadly weapon like a gun or knife, or the threat of imminent physical harm. 

Aggravated Assault Penalties in Texas

The penalties for aggravated assault in Texas can vary depending on the circumstances of the case. Generally, aggravated assault is a second-degree felony, which can land someone in prison for between two and 20 years and a fine of $10,000. If the act of assault was against a family member in the act of family violence, if the targeted individual is a public servant, if the act of assault is in retaliation against an informant or witness, or if the actions involved the discharge of a gun from a motor vehicle, these elements may all escalate the charge to a first-degree felony instead of second-degree. 

Contact an Austin, Texas Aggravated Assault Defense Attorney

Do not make the mistake of failing to hire an attorney. If you are facing aggravated assault charges, contact the experienced Midland, Texas aggravated assault defense lawyers with Morales Law Office, Attorneys at Law, PLLC.. Call 512-474-2222 for a free consultation. 

Source - https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm