When Does Simple Assault Become Aggravated Assault in Texas?

Assault is one of the more serious violent offenses with which a person can be charged in Texas, especially when prosecutors elevate those charges to aggravated assault. Fortunately, there are defenses that an accused can raise to avoid being unfairly convicted of a crime he or she did not commit. Read on to learn more about aggravated assault in Texas and the defenses that an experienced attorney can raise on a defendant’s behalf.

Assault Charges

Under Texas law, assault is defined as:

• Intentionally or recklessly causing bodily injury to another person;
• Intentionally or knowingly threatening someone with imminent bodily injury; or
• Intentionally or knowingly having offensive physical contact with someone.

Basically, if a person hurts someone else or even threatens to do so, he or she can be charged with assault, even if the harm wasn’t purposeful, but the result of recklessness. Most assault offenses are charged as misdemeanors, but in certain cases, they can be aggravated and charged as felonies.

Aggravated Assault is a Felony Offense

An allegation of assault can be charged as a felony if:

• It caused serious bodily injury;
• It involved a deadly weapon;
• The victim was a police officer, public servant, elderly person, disabled person, or child; or
• The accused has a prior assault against a family member on his or her record and is now being accused of committing a new family violence-related crime.

Whether or not a crime is charged as an aggravated assault is important because the penalties for a conviction are much more severe. Aggravated assault is usually a second degree felony, which means that conviction comes with between two and 20 years in prison and a fine of up to $10,000. In some cases, aggravated assaults can even be charged as first degree felonies, which carry a potential sentence of life in prison.

What Are the Defenses to Aggravated Assault?

Just because a person is accused of aggravated assault does not mean that conviction is guaranteed. This is because those accused of crimes in Texas have the right to a defense. It is possible to avoid conviction by proving that:

• The accused has an alibi for the time of the assault;
• The accused was exercising self-defense;
• The accused was defending someone else;
• The accused was defending his or her property with appropriate force;
• The search or seizure that led to the evidence being used against the defendant was obtained illegally, in violation of the accused’s rights; and
• The eyewitness testimony isn’t credible resulting in the accused being misidentified.

For help determining which of these defenses could be raised in your own case, please reach out to our legal team today.

Were You Accused of Aggravated Assault? 

If you have been accused of a serious violent crime like aggravated assault, it is in your best interest to retain an experienced San Marcos and Hays County, Texas aggravated assault lawyer who is well-versed in courtroom procedures and defense strategy. Call 512-805-6613 to set up a meeting with a member of the legal team at The Law Offices of David C. Hardaway today.

Source:

 statutes.capitol.texas.gov/docs/pe/htm/pe.22.htm