Aggravated assault with a deadly weapon is one of the most serious criminal charges you can face in Texas. With severe penalties that extend far beyond prison time, charges for aggravated assault of any kind can destroy careers, relationships, and decimate your future.
Unlike simple assault cases, aggravated assault with a deadly weapon is always a felony in Texas, meaning the consequences are immediate and long-lasting. If you’re facing charges for aggravated assault, the clock is already ticking. The prosecution is working on a case in an attempt to put you away for years, and without a skilled aggravated assault lawyer in Austin by your side, they’ll probably succeed.
The trial attorneys at Smith & Vinson have defended countless clients against serious charges like yours in Texas courts. If you or a loved one is facing charges, call 512-368-9044 before it's too late to defend your future.
The assault laws in Texas
Texas takes a unique approach to assault crimes compared to many other states. While some states distinguish between assault vs battery, Texas law consolidates these concepts under a single assault statute found in Texas Penal Code § 22.
Under Texas law, assault occurs when someone:
- Intentionally, knowingly, or recklessly causes bodily injury to another person
- Intentionally or knowingly threatens another with imminent bodily injury
- Intentionally or knowingly causes physical contact that the person knows or should reasonably believe the other will regard as offensive or provocative
Prosecutors must prove you acted "intentionally" (with conscious objective), "knowingly" (aware your conduct was reasonably certain to cause the result), or "recklessly" (consciously disregarding a substantial risk of harm) in order to secure a conviction.
Texas assault charges range from Class C misdemeanor assault for simple threats* to first-degree felonies for the most serious aggravated offenses. The severity of your charge will largely depend on factors like the extent of injuries, whether weapons were involved, and whether the victim belonged to a protected class.
*Continue reading: Is threatening someone illegal?
What is aggravated assault with a deadly weapon in Texas?
Aggravated assault with a deadly weapon occurs when someone commits an assault while using or exhibiting a deadly weapon during the offense. This charge is a significant escalation from basic assault charges and, therefore, carries much harsher penalties.
What is considered a deadly weapon in Texas? Texas Penal Code defines a deadly weapon as:
- A firearm or anything manifestly designed, made, or adapted for inflicting death or serious bodily injury
- Anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury
This definition is intentionally broad. While firearms and knives obviously qualify, everyday objects can become deadly weapons depending on how they're used. A baseball bat, a kitchen knife, a vehicle, or even a ping pong paddle can be considered a deadly weapon if used in a manner capable of causing death or serious injury.
Aggravated assault charges are tricky because the prosecution doesn't need to prove you actually caused serious injury — simply using or exhibiting the deadly weapon during an assault is sufficient for this charge. Even threatening someone while displaying a weapon, like flashing a gun from a waistband, can result in aggravated assault charges.
What is the penalty for aggravated assault in Texas?
Aggravated assault penalties in Texas are always severe, but your charge will depend on the specific circumstances of your case. Almost all assault with a deadly weapon charges fall into the following two categories:
Charge | Fine | Prison Sentence | When Applicable |
Second-degree felony aggravated assault | $10,000 | 2 to 20 years | In most aggravated assault cases with deadly weapons |
First-degree felony aggravated assault | $10,000 | 5 years to life | When the assault is committed against a protected class or other serious circumstances |
The specific classification depends on factors like the victim's status (public servant, certain family members*), the severity of injuries caused, and whether the offense occurred in connection with other crimes.
Beyond immediate criminal penalties, aggravated assault convictions carry collateral consequences including loss of firearm rights, extreme difficulty finding employment, housing restrictions, loss of professional licenses, and negative impacts on child custody arrangements.
*For more information, continue reading about the Texas domestic violence laws
Aggravated assault with a deadly weapon Texas sentence
How much jail time for aggravated assault with a deadly weapon will depend on the severity of your offense and your criminal record, but you should expect significant prison time. Most aggravated assault with deadly weapon cases result in sentences ranging from 2 to 20 years in prison, though sentences can extend to life imprisonment in the most serious cases.
Factors that influence sentencing include:
Aggravating factors that might increase sentences | Mitigating factors that may reduce sentences |
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Even with mitigating factors, aggravated assault with a deadly weapon convictions typically result in substantial prison sentences. First-time offenders may receive sentences closer to the minimum range, while repeat offenders face enhanced penalties that can result in decades behind bars.
Can you get probation for aggravated assault with a deadly weapon in Texas?
Probation for aggravated assault with a deadly weapon is possible but rare, especially compared to lesser assault charges. Texas judges have discretion to grant probation for second-degree felony aggravated assault, but several factors make this unlikely:
Barriers to probation | When probation might be considered |
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Even when probation is granted, it comes with strict conditions including regular meetings with probation officers, community service requirements, anger management or counseling programs, restitution to victims, and prohibition from possessing firearms or weapons.
The reality, however, is that most people convicted of aggravated assault with a deadly weapon serve significant prison time — which is why beating the charges with experienced assault attorneys in Austin is your best chance of avoiding prison entirely.
How long does aggravated assault stay on record?
An aggravated assault with a deadly weapon conviction creates a permanent criminal record in Texas. Unlike some misdemeanor offenses, felony convictions can never be expunged from your record or sealed.
This means the conviction appears on background checks indefinitely; employment, housing, and educational opportunities may be limited, professional licenses can be revoked or denied; your firearm rights are permanently lost; and immigration status may be affected for non-citizens.
How to beat an aggravated assault with a deadly weapon charge
Successfully defending against aggravated assault with a deadly weapon charges is difficult, but not impossible. With the right approach, your Austin assault lawyer can challenge the prosecution's case and fight for a dismissal or acquittal. While the defense to your assault charge will depend on the circumstances of your assault, some common defense strategies in assault cases include:
- Self-defense and defense of others. Texas law allows reasonable force to protect yourself or others from imminent threats. If you reasonably believed force was necessary to prevent death or serious injury, this can be a complete defense to aggravated assault charges.
- Challenging the deadly weapon classification. While many do, not every object qualifies as a deadly weapon. Your attorney can argue that the item in question wasn't used in a manner capable of causing death or serious injury, potentially reducing charges to simple assault.
- Lack of intent. Prosecutors must prove you acted intentionally, knowingly, or recklessly. If your actions were purely accidental or lacked the required mental state, this can be an effective defense.
- Mistaken identity. Assault situations are often chaotic and confusing. Witnesses may misidentify the perpetrator, especially in crowded or poorly lit environments.
- Insufficient evidence. At the end of the day, the prosecution must prove every element beyond a reasonable doubt. Experienced defense attorneys can identify weaknesses in witness testimony, physical evidence, or police procedures that create reasonable doubt.
- Constitutional violations. Evidence obtained through illegal searches, improper interrogation, or other constitutional violations may be suppressed, potentially leading to dismissal.
The penalties for aggravated assault with a deadly weapon are tough — hire a lawyer who’s even tougher.
Aggravated assault with a deadly weapon charges can destroy your life, but they don't have to define your future. The reality is that the difference between decades in prison and walking free often comes down to the quality of your legal representation.
So the best thing you can do to protect yourself is hire the best assault lawyers Austin has to offer. At Smith & Vinson, we've successfully defended countless clients facing serious assault charges in Texas courts. When prosecutors see that you're represented by the aggravated assault lawyers at Smith & Vinson, they’ll know they’re in for a fight.
Your freedom and your future depend on the choices you make right now. Call Smith & Vinson at 512-368-9044 or contact us online today for a free consultation.
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