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?
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.
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.
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.
If you or someone you know needs help with any legal procedures or if you are a victim of the Criminal Justice System, we can help you.
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