Aggravated Assault Attorney in Houston

What Makes an Assault Aggravated Under Texas Law?

Under Texas Penal Code § 22.02(a), aggravated assault generally involves an assault that causes serious bodily injury or includes the use or exhibition of a deadly weapon. These facts distinguish aggravated assault from simple assault and can turn the allegation into a felony case.

This level of injury generally means one that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily function. Physical contact may not be required for a weapon allegation. Depending on the circumstances, a credible threat involving a weapon can support an aggravated assault charge.

Disputes may concern what happened, whether the accused acted intentionally, and whether an object legally qualifies under the statute. Medical evidence may also be critical when prosecutors claim an injury meets the required threshold.

Potential Penalties for Aggravated Assault in Houston

Aggravated assault is generally charged as a second-degree felony in Texas. A conviction can carry two to 20 years in prison and a fine of up to $10,000. The precise exposure depends on the charged conduct, enhancement allegations, and the defendant’s criminal history.

Specified circumstances can elevate the accusation to a first-degree felony, which can carry five to 99 years or life in prison and a fine of up to $10,000. Texas law identifies circumstances involving certain public servants, security officers, witness or informant retaliation, qualifying family-violence allegations, and certain drive-by shooting scenarios. An allegation involving a family member or public servant doesn’t automatically establish every element required for an enhancement, so the charging documents and supporting facts require careful review.

Building an Aggravated Assault Defense

A defense may turn on facts that don’t appear in the initial police report. We investigate the incident, evaluate witness accounts and physical evidence, and examine constitutional rights alongside statutory and regulatory issues. We also consider how each disputed fact may be presented during pretrial proceedings or a jury trial.

Potential defense issues may include:

• Self-defense: The evidence may show that force was used in response to an immediate threat, subject to the requirements and limits of Texas law.
• Lack of intent or accident: The prosecution may be unable to prove the required mental state when an injury occurred unintentionally.
• Weapon disputes: The facts may not establish that a deadly weapon was used or exhibited during the alleged assault.
• Injury disputes: Medical records and testimony may not support the statutory threshold.
• Suppression issues: Evidence obtained through an unlawful search or seizure may be challenged through a motion to suppress. Statements may also be contested when officers violated Miranda requirements, which generally govern warnings before custodial interrogation.
• Consent: Consent may be relevant in limited factual settings, although it generally doesn’t excuse conduct causing grave harm.

No defense applies automatically. We examine the complete record before advising a client about motions, negotiations, trial strategy, or other available options. We provide straightforward guidance and keep clients informed as the case develops.

Aggravated Assault Case Experience

Our published results include dismissals in State of Texas v. BJV and Texas v. ES, both involving aggravated assault allegations. These results are historical facts, not promises about another case. Every prosecution turns on its own evidence, procedural history, and available defenses.

Our approach combines detailed constitutional analysis with tactical trial preparation, including in serious matters where witness credibility, forensic evidence, or intense public attention shapes the defense strategy.

Discuss Your Aggravated Assault Charge Confidentially

We offer free, privileged, and confidential consultations for people seeking aggravated assault defense in Houston and Katy. English and Spanish representation is available. After you contact us, you can receive a same-day confidential call with an attorney and an in-depth consultation. Our contact form is also available to provide information about your situation.

Call (713) 364-9913 to discuss the charge directly with an aggravated assault attorney.