What Makes an Assault Aggravated in Texas?

 Posted on November 27, 2025 in Criminal Defense

In Texas, assault cases can be classified in different ways depending on the facts involved. When an incident meets the legal definition of aggravated assault, the potential penalties under state law are higher. If you are facing these types of charges, our Georgetown, TX assault defense lawyers will ensure you understand your rights and help you build a strong defense.

What Does Texas Law Say About Aggravated Assault?

Under Texas Penal Code § 22.02, aggravated assault occurs when someone causes significant bodily harm to another person through intentional or reckless actions. It can also be when a weapon is used or displayed during an assault. The basic definition of assault comes from § 22.01, and includes causing bodily injury, threatening another person with harm, or making physical contact that a reasonable person would find offensive.

The difference between simple and aggravated assault depends on how serious the injury is and whether a weapon is involved. For example, pushing someone during an argument might be considered simple assault. But if you were holding a weapon at the time, even if you didn’t fire it, that might be considered aggravated assault.

Aggravated assault is usually a second-degree felony, which can mean two to 20 years in prison and up to a $10,000 fine. In certain situations, it becomes a first-degree felony. Examples include if the victim is a family member, a public servant, or a security officer. First-degree felony convictions can carry life-changing penalties.

What Counts as a Deadly Weapon in Texas?

According to Texas Penal Code § 1.07(a)(17), a deadly weapon is anything designed, made, or adapted to cause death or serious bodily injury. Firearms, knives, and some tools can all be included under this title. However, other objects can also be considered deadly weapons depending on how they are used. For example, using a baseball bat, a car, or even a household object like a wrench in a violent way may qualify as using a deadly weapon. The key question is whether the object could cause serious harm in the way it was used.

Simply owning or carrying a legal weapon does not automatically lead to an aggravated assault charge. Prosecutors must show that the weapon was used or displayed in a threatening or dangerous manner.

Common Defenses to an Aggravated Assault Charge in Texas

Each aggravated assault case is unique. The right defense strategy depends on the facts of your situation, the evidence, and how the law applies. Some of the most common defenses include:

• You acted to protect yourself or another person.

• The object involved was not a deadly weapon.

• You had no intention of causing major harm.

• The injuries were accidental or not as serious as claimed.

• The wrong person was identified.

• Witness statements do not match the evidence.

• Police did not follow proper legal procedures.

A strong defense often involves a mix of these strategies. An experienced attorney can examine the police report, question witnesses, and use expert evidence to challenge the charges.

Schedule Your Free Consultation With an Austin, TX Aggravated Assault Defense Attorney

Morales Law Office, Attorneys at Law, PLLC. was founded in 1996 with one goal. We want to make sure every person accused of a crime has a dedicated advocate on their side. Attorneys Novert Morales and Jack Ladd have more than 50 years of combined legal experience. They use their deep knowledge of Texas criminal law to build strong, effective defenses for every client.

Call 512-474-2222 to schedule your free consultation with our Georgetown, TX assault defense lawyers today. Hablamos Español.