Are you charged with aggravated assault in Texas?
You should know the penalties you are up against. It is life-changing penalties. A good defense strategy is the only thing between you and the prosecutor.
Let’s be honest…
Texas doesn’t take aggravated assault charges lightly. And the penalties reflect the seriousness of the offense. Whether you used a deadly weapon or caused serious bodily injury to another person – aggravated assault can lead to decades in prison or life behind bars.
Aggravated Assault in Texas
But what is aggravated assault? As we discussed above, it is good to know the definition before reading the penalties. And aggravated assault has two variants. A person is charged with this offense if he/she:
Uses or exhibits a deadly weapon during the assault
The word “deadly” includes firearms, knives, baseball bats, and other objects that can be used to kill or seriously injure a person. A punch can also be classified as a deadly weapon, depending on the circumstances.
Causes serious bodily injury to another person
Texas law defines serious bodily injury as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or loss or impairment of the function of a bodily member or organ.
It is not that complicated, right?
But that is not all…
The penalty for aggravated assault increases or “enhances” to a first-degree felony in certain situations. We will discuss the first-degree felony enhancements below.
Penalties can vary even further based on the age of the victim and family violence.
Second-Degree Felony Penalties
As mentioned above, most aggravated assault offenses are charged as a second-degree felony.
So, the penalty for aggravated assault is as follows:
2 to 20 years in prison
Fines up to $10,000
Permanent criminal record
Loss of certain rights, including gun ownership
The second-degree felony penalties are bad enough.
But wait… There is more.
The penalty for aggravated assault increases to a first-degree felony in certain situations.
First-Degree Felony Enhancements
Texas law enhances an aggravated assault to a first-degree felony in the following situations:
Penalties for first-degree felonies:
5 to 99 years in prison (or life)
Fines up to $10,000
Mandatory minimums in many cases
First-degree felony penalties are no joke.
And here is when enhancement occurs.
Enhancements occur if:
Family violence with a deadly weapon
When a deadly weapon is used to cause serious bodily injury to a family member or a household member, that qualifies as family violence. Texas takes domestic violence seriously.
Assault on public servants
Aggravated assault becomes a first-degree felony if committed against a public servant (a) performing their job or (b) that the defendant knows is a public servant.
Some of these public servants include:
- Police officers
- Firefighters
- Emergency medical personnel
- Judges and court personnel
**Retaliation against witnesses, informants, etc. **
Retaliating against a witness, informant, or person who reported a crime by committing aggravated assault is a first-degree felony.
**Security officers, process servers, etc. **
Assaulting security officers or process servers while they were performing their job duties will also enhance aggravated assault to a first-degree felony.
Traumatic brain/spine injuries
New first-degree felony enhancements enacted in 2023 apply when a deadly weapon is used to cause a traumatic brain or spine injury that leaves the victim in a persistent vegetative state or with irreversible paralysis.
Mass shootings
In 2023, new enhancements for mass shooting incidents also carry first-degree felony aggravated assault charges.
First-degree felony enhancements are no joke.
And they are not just a technicality.
When a first-degree felony enhancement applies, the defendant can be sentenced to decades in prison. Or life in prison.
Aggravated Assault Statistics in Texas
Are you wondering how big of a problem is this in Texas?
Look at the statistics, my friend.
According to the Texas Department of Public Safety, aggravated assault arrests increased by 16% in 2020 from almost 76,000 to 88,030.
That is a sharp increase. And Texas is taking an aggressive approach in these cases.
But the numbers get even more interesting…
As many as 43% of all aggravated assault arrests involve firearms. So, if you are facing aggravated assault with a deadly weapon, then you are not alone. But that does not make the penalties less severe.
Aggravated assault statistics in Texas also show that the offense is most prevalent in two periods of the year:
- Summer months (highest)
- October to December (second-highest)
But it is not just the number of arrests that matters.
The collateral consequences of an aggravated assault conviction are severe and will follow individuals for the rest of their lives.
For instance, a convicted felon will not be allowed to own or possess firearms.
Likewise, an aggravated assault conviction will make it very difficult to find gainful employment. Professional licenses will also be off the table.
There are also restrictions on where convicted felons can live as well as child custody and visitation issues.
Texas does allow convicted felons to vote after they complete their sentences. But the felony conviction will be on the individual’s permanent record.
Probation is an option for some defendants. But it is no joke, either.
Probation for second-degree felonies is up to 10 years. For first-degree felonies, it is also up to 10 years.
Probation terms are strict.
For aggravated assault, that can include:
- Meeting with a probation officer on a regular basis
- Completing community service hours
- Attending an anger management or counseling program
- Abiding by a no-contact order with the victims
- Submitting to random drug and alcohol tests
Probation violations lead to prison time to serve out the original sentence.
Defense Strategies Matter
Aggravated assault penalties are no joke.
But there are some successful defense strategies in these cases.
Self-defense or defense of others. Lack of intent to commit aggravated assault. False accusations and lack of evidence. Mistaken identity. Each of these defenses can help, if evidence and circumstances support.
The first defense strategy can make all the difference.
As the penalties are so severe and the consequences so grave, it is essential to have a good defense attorney on your side.
The time to start working on a defense strategy is as soon as the arrest is made.
Each day counts.
As a skilled criminal defense attorney, I know it is not just the penalty that matters. I will also do everything in my power to avoid the lifetime collateral consequences associated with an aggravated assault conviction.
Clients turn to me when they want an aggressive defense attorney on their side. Someone who can fight hard and who has successfully defended many aggravated assault cases.
The Penalties are Real
Aggravated assault penalties are among the harshest in Texas.
Second-degree felony charges carry 2 to 20 years in prison.
First-degree felony enhancements for certain types of aggravated assaults carry 5 to 99 years in prison (or life).
Aggravated assault arrest numbers in Texas are on the rise.
From the 16% increase in arrests between 2019 and 2020 to the fact that nearly half of all aggravated assault arrests involve firearms – this crime is not taken lightly in Texas.
Beyond prison and fines, the collateral consequences of an aggravated assault charge can follow individuals for the rest of their lives.
Lost job opportunities. Restrictions on housing. Family and child custody issues. Strained relationships with friends and family. The lifetime stigma of being a convicted felon.
Knowing the penalties and potential consequences of aggravated assault is an important first step. But it is not the last step.
Keep in mind that every case is different.
The specific facts of the case, evidence available to the prosecutor, and the defense strategy used all matter in terms of determining an outcome.
When charged with a crime as serious as aggravated assault, time is of the essence. The choices that are made in the early stages of a criminal investigation and prosecution can have a significant impact on the final result.
The penalties are harsh. The consequences are for a lifetime.
But being informed about what lies ahead helps make better decisions about one’s future.
