Aggravated Assault in Texas:
All you need to know

We are going to talk about the aggravated assault in Houston especially on the basis of Texas law

If you are facing aggravated assault accusations, or worse, aggravated assault with a lethal weapon, you may feel lost and frightened.

These are serious allegations, and you should not deal with this situation on your own.  One of the first things you will need to be aware of is the situation you are are into.

As you read this article, you will better understand your charges, any potential punishments and defenses.

What is Aggravated Assault in Houston, Texas?

We are going to talk about the aggravated assault in Houston especially on the basis of Texas law. Under section 22.02 of the Texas Penal Code, It will be considered as an aggravated assault  in Texas when the following situation arises  :

  • Intentionally, knowingly or recklessly causing serious bodily injury to another person, or
  • Using or exhibiting a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.

(Tex. Penal Code Ann. § § 22.01, 22.02).

An aggravated assault is a second-degree felony except in the following circumstances in which it is a first-degree felony:

  • The offender uses a deadly weapon in committing the assault and causes serious bodily injury to the victim and the victim is a family or household member, or someone the offender is or has dated or had an intimate relationship with, qualifying the offense as a domestic assault.
  • The aggravated assault is committed by a public servant, such as a state worker or city counselor acting in his official capacity.
  • A victim is a person the offender knows to be a public servant engaged in the performance of his duties or the assault is committed in retaliation for the public servant performing his duties.
  • The aggravated assault is committed in retaliation against a witness, informant or a person who reported a crime
  • A victim is a person the offender knows to be a security officer engaged in performing his duties, or
  • The offender shoots a firearm from a motor vehicle at a house, building or motor vehicle with reckless disregard for whether the house, building or motor vehicle is occupied and causes serious bodily injury to the victim.

(Tex. Penal Code Ann. § 22.02).

The penalty for aggression depends on the type of charge, whether it is a misdemeanor, felony, aggravated crime or felony with a weapon.


Sentences for aggravated assault in Texas

If in any situation you are being charged with a second-degree crime of aggravated assault. This means that you can spend from 2 to 20 years in jail. You might be penalized with up to $10,000.

However, your accusation may lead to a first-degree attack. This offense is punishable by a 5-year sentence up to life in prison. This can happen if one of these things happens:

  • Domestic violence or meetings that cause serious physical harm.
  • The act was directed towards an official in service.
  • Engraved against witnesses.
  • If there was any gunfire.

The crime of aggravated assault with a weapon is a second-degree crime that is punishable. As a result, there may be 2-20 years in prison.

The first-degree charge of armed robbery can be made if the perpetrator uses a deadly weapon and causes the victim serious injuries.

Any non-citizen convicted of an aggravated felony is subject to deportation.

A list of classifications can be found in the Texas Penal Code. A serious injury to a family member is a felony in the first degree. This also applies to someone with whom you have a relationship.

A robbery in Texas falls into this category if it was perpetrated on a government official such as a police officer, bodyguard or crime witness.

While you can expect to spend between five and 99 years in prison if convicted of a felony in the first degree. There can be a fine of up to $10,000.

It can be a serious threat to your future life and freedom. You can be fined up to $10,000. These offenses do put you in prison for a long time.

The minimum sentence for your indictment is nothing. You can get your freedom if you should contact an experienced criminal defense attorney in Houston, Tx.

The court will review the lawyer’s defense, criminal record and the circumstances of the incident. This information will determine the severity of the sentence.

Can I be charged with aggravated assault for unintentional injury to someone?

Under Texas Criminal Law, you may be convicted of assault if you intentionally, knowingly or recklessly causing or threatening bodily harm to another person or if you intentionally or knowingly cause physical contact with another person while aware that the person will think that contact is offensive or undesirable.

Under certain circumstances, you may be sentenced for aggravated assault even if you did not intend to hurt anyone. If you have fired a firearm at a house, building or vehicle and caused serious bodily harm, the state can charge you with armed robbery.

If you are proven by the state to have been reckless in determining whether a house, building or vehicle has been occupied, you may be sentenced for aggravated assault under subsection 22.02(b)(3).

In fact, a conviction under section 22.02(b)(3) is a more severe sentence that is punishable by a first-degree offense.

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Aggravated assault with a deadly weapon charge and Defense

When you are facing a criminal charge of assault with a deadly weapon within the Houston Texas area, there is a need for assistance from a Houston assault lawyer who specializes in dealing with such cases. With professional legal representation you can be assured that your rights will be protected all along the judicial process. Any person who uses or shows a deadly weapon during an assault is subject to charges of assault with a deadly weapon.

A first-degree offense if it causes serious injury to a person with a deadly weapon. Some examples of what constitutes a deadly weapon in the Texas Criminal Code include: 

  • Tire deflation devices,
  • Machine guns, hinges,
  • Armor-piercing ammunition,
  • Firearms,
  • Hoax bombs,
  • Interchangeable blade knives,
  • Daggers,
  • Zip guns,
  • Bowie knives,
  • Swords,
  • Sticks,
  • Copper knives
  • Explosive weapons.

Why Do You Need a  Criminal Defense Lawyer in Houston?

Put simply, your freedom may depend on it. Serious abuse conveys an even more serious sentence than battery. Serious bodily harm is a serious crime and the penalties depend on the degree of injury and the use of “weapons” when committing the attack.

It is essential to have a Houston assault lawyer who aggressively investigates the prosecutor’s claims and fights for his freedom.

No matter what kind of sentence the state imposes on you, you have the right to a Criminal Defense attorney in Houston and an effective criminal defense.

You need a lawyer who can sit down with you and explain to you what your options are and how you can be protected.

Reasons for hiring a strong Criminal Defense Attorney in Houston

Aggravated assault crimes can be severely punished if the defendant is convicted. Sometimes a good aggravated assault lawyer can save you from years in prison and buy you freedom.

Basically, the variables that affect the severity of the offense are the victim’s injuries, the use of weapons and, your prior criminal record. A professional and experienced Houston assault attorney with his/her extensive experience, you’re more likely to get a positive result.

Why Good Representation is Important?

Convictions for violent or fatal violence are part of their permanent criminal record. If you have subsequently been convicted of another offense, the court may consider a previous conviction and impose a heavier sentence in a new case.

A conviction for a violent crime – including a conviction that could harm you if you are looking for a job or want to rent an apartment or house. If you are convicted of a crime, you will lose your right to vote and carry a firearm.

An experienced Houston assault lawyer can determine whether you have a reason to reject the accusations made against you, whether you want to investigate the possibilities of a complaint or whether you want to be represented in court.

Just those who are aware of the local criminal justice system and of cases like yours already know of their chances of success in court or at the negotiating table. Doing so will help you settle your case and defend your rights.

Consequences of being charged with assault in Houston, Texas?

If you face some kind of assault charge, you have to take the necessary measures to ensure that your rights are protected. Assault and domestic violence offenses can cause very serious penalties that could affect you for the rest of your life.

In some circumstances, you may be denied access to your children or other family members. In cases of non-family assault, you may be prohibited from owning any type of firearm for any reason.

Because these types of charges can be so serious, Houston assault attorneys have been dedicated to supplying with only the best defense against all types of assault charges.

If you are convicted, you could end up in prison for up to 20 years, depending on the severity of your offense. Obviously the amount of damage done to the alleged victim of the assault is the main guideline when the courts distribute the punishment.

For example, the assault on the threat may cause a lower crime rate but the aggravated assault may be charged as a second-degree crime.

What to do if the Police abuse their authority?

Police officers are responsible when it comes to protecting the public. Some of these police officers abuse their authority specially when an individual is a person of color. 

In every service, there are some officers who abuse their authority. The law is to protect the rights of every citizen and non-citizen regardless of their color.  In this situation get advice from lawyers with a lot of aggravated Aggression and get the knowledge and information you need to protect your constitutional rights.

Of course, police officers are allowed to use force, if a situation demands it. But that should not overshadow the constitutional rights of any people based on color or anything else.

The following are some commonly used examples of abuse of authority:

  • Physical violence against a person already in police custody who does not refuse to be detained;
  • the use of weapons against an unarmed person or against a person on whose behalf a police officer has reasonable grounds to believe that he or she is unarmed;
  • Use physical force to intimidate a person or witness when giving a statement.

Anyone can be a victim of the abuse of authority by the police force. The overuse of force by police officers is a severe problem specially for people color. Police officers need additional in-service training in this particular area.

The victim’s Right to sue the police

If you are a victim of abuse by the police, the state law has given you the right to demand compensation for the injuries you have suffered.

You can file a lawsuit in federal court alleging that the police violated your constitutional rights.

In addition, you can file a lawsuit according to the federal Law of Civil Rights. The state law can also give you an opportunity to present your complaint before the state court. 

Therefore, it is important to know your rights to claim compensation if you believe you have been the victim of the abuse of the police force authority.


It is intended that this article be useful and informative.  Legal issues often get complex and distressing. Having a criminal attorney means you can meet your particular legal needs, state the legal position and represent you in court. In any case, if you are in this kind of unwanted situation you should seek help from an experienced aggravated Criminal Defense Attorney immediately.


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