Aggravated Assault Austin Trial Lawyers

Austin Aggravated Assault Lawyer

Facing aggravated assault charges in Austin or the surrounding area? Your future hangs in the balance. Aggravated assault charges always carry life-altering penalties that can irrevocably alter your future, from career prospects to your family.

The Austin aggravated assault lawyers at Smith & Vinson are familiar with the high stakes that come with assault charges in Texas; we’ve won countless cases for clients facing serious assault charges in Texas courts.

We bring decades of combined litigation experience to your defense, examining every detail of your case to build the strongest possible strategy.

If you or a loved one is facing aggravated assault charges in Texas, don’t leave your future to chance — contact the aggravated assault lawyers at Smith & Vinson today for a free consultation. Call us today at (512) 359-3743 to protect your future.

Turning Charges into Chances Fighting for the Outcome You Deserve

Facing criminal charges can be overwhelming, but you don’t have to face them alone. Our experienced team will fight tirelessly to protect your rights and your future, take control today.

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What Are the Assault Laws in Texas?

The Texas assault laws are outlined in Texas Penal Code § 22, and they work a bit differently in the Lone Star State than they do in some other states. For instance, if you’re wondering about the difference between assault vs. battery, you might be surprised to find out that battery doesn’t exist in Texas. Instead, Texas features an assault charge with tiered severity, depending on the circumstances of the crime.

In Texas, a person commits an assault crime if they:

Intentionally, knowingly, or recklessly cause bodily injury to another person
Intentionally or knowingly threaten another person with imminent bodily injury
Intentionally or knowingly cause physical contact with another when they know or should reasonably believe that the other will regard the contact as offensive or provocative

Those first three words, “intentionally,” “knowingly,” and "recklessly” are incredibly important in assault cases. One of the three must be said of your actions in order to convict you for assault in Texas:

You acted intentionally. You acted with a conscious objective to cause the result or engage in the conduct. This means you specifically meant to cause injury or create the threat.
You acted knowingly. You were aware that your conduct was reasonably certain to cause the result. While you may not have specifically intended to cause harm, you knew harm was likely to occur.
You acted recklessly. You consciously disregarded a substantial and unjustifiable risk that harm would occur. Proving recklessness usually requires a significant deviation from the standard of care that an ordinary person would exercise.

The prosecution must prove beyond a reasonable doubt that you acted with at least one of these mental states when committing the alleged assault. The specific mental state can impact both the severity of the charge and potential defenses available to you.

Can you get probation for aggravated assault?

Those wondering about probation for aggravated assault should know that being granted probation for felony violent crimes is rare. To be frank, you’re incredibly unlikely to get probation for aggravated assault. Second chances for aggravated assault don’t often happen, which is why beating your assault charge is so important.

Aggravated assault is always a felony in Texas, and whether you’re convicted of a first- or second-degree aggravated assault charge, you will likely have to do some time in prison. This harsh reality underscores why it’s essential to work with the best Austin assault lawyer you can possibly get.

The difference between assault charges in Texas

As we said earlier, Texas law identifies several different levels of assault charges, all carrying distinct and escalating penalties, based on the circumstances of your case.

Simple assault

Simple assault is the most basic form of assault under Texas law. It occurs when a person either threatens another with imminent bodily injury or causes physical contact that the person knows or reasonably should know would be considered offensive or provocative. It’s important to note that simple assault often does not involve actual physical injury.

Some examples of simple assault might include:

Raising a fist at someone in a threatening manner
Verbal threats of immediate physical harm
Unwanted touching that is offensive but doesn't cause pain or injury
Spitting on someone
Poking or shoving someone in an offensive manner

Assault bodily injury

Assault bodily injury occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person. Under Texas law, "bodily injury" is defined as physical pain, illness, or any impairment of physical condition. This definition is intentionally broad and can include injuries that may seem relatively minor, like:

Cuts and scrapes
Bruises
Abrasions
Pain without visible marks
Minor sprains
Swelling
Redness

The key element distinguishing this from simple assault is that actual physical pain or impairment must occur.

Assault with a deadly weapon

Texas assault with a deadly weapon occurs when a person commits an assault while using or exhibiting a deadly weapon during the commission of the offense. A "deadly weapon" is defined in the Texas Penal Code as:

A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Another definition that is intentionally broad, the statutory language means that virtually any object can be considered a deadly weapon depending on how it's used, including actual weapons, household items, or vehicles. Assault with a deadly weapon is a type of aggravated assault, but you don’t need to use a deadly weapon to be charged with aggravated assault.

Aggravated assault

Aggravated assault can be thought of as the umbrella under which serious assault crimes are charged. It occurs when a person commits an assault crime, and they also either:

Cause serious bodily injury in the process;
Use or exhibit a deadly weapon in the process; or
Commit an assault crime against a protected class.

We’ve already defined what makes a “deadly weapon” in Texas, but we should differentiate between bodily injury and serious bodily injury, as this is often the line between assault and aggravated assault. Serious bodily injury is defined as injury that:

Creates a substantial risk of death
Causes serious permanent disfigurement
Causes protracted loss or impairment of the function of any bodily member or organ
Causes death

Additionally, if you commit an assault crime against any of the following protected classes, it will likely be elevated into a charge for aggravated assault:

Public servants
Law enforcement officers
Emergency workers
Disabled or elderly persons

What is the most common sentence for aggravated assault?

While penalties for aggravated assault in Texas are always severe, they get much more severe the more aggravating factors are involved in your offense. The chart below details the range of assault charges you can face in Texas.

Offense	Charge	Maximum fine	Jail time
Simple assault	Class C misdemeanor	$500	None
Simple assault	Class B misdemeanor	$2,000	Up to 180 days
Assault	Class A misdemeanor	$4,000	Up to 1 year
Felony assault	Third-degree felony	$10,000	2 – 10 years in prison
Aggravated assault	Second-degree felony	$10,000	2 – 20 years in prison
Aggravated assault	First-degree felony	$10,000	5 years – life in prison

As you can see, the penalties for aggravated assault are much more severe than the penalties for assault in Texas. Beyond these immediate penalties, assault convictions — especially felonies — carry severe and far-reaching collateral consequences that can include:

Loss of firearm rights
Difficulty finding employment
Housing restrictions
Loss of professional licenses
Immigration consequences for non-citizens
Negative impact on child custody arrangements

What evidence is needed to prove aggravated assault?

To convict you for aggravated assault, prosecutors must establish the following beyond a reasonable doubt.

The basic elements of assault. That you intentionally, knowingly, or recklessly caused injury, threatened imminent bodily injury, or caused offensive physical contact.
Aggravating factors. Either that you caused serious bodily injury, that you used or exhibited a deadly weapon during the commission of the assault, or that the assault crime was carried out against a protected population.
Identification. That you were the person who committed the alleged offense.

Prosecutors usually rely on Victim testimony, witness statements, weapon evidence and forensic analysis, surveillance footage, cell phone records or communications, and your criminal record to secure convictions.

Because there are so many ways in which evidence can be secured against you, you need to make sure you work with an attorney who knows how to beat an assault charge in Texas if you want to protect your life.

What is the best defense for aggravated assault?

The defense that will be most effective for your assault charge will depend on the circumstances of your case and the evidence the prosecution is attempting to use to convict you, but there are some common defense strategies that your attorney may employ in your defense:

Self defense. In Texas, you have the right to use reasonable force to protect yourself from an imminent threat of harm. If you reasonably believed force was necessary to protect yourself, this can be an affirmative defense to an assault crime.
Defense of others. Similar to self-defense, you may be justified in using force to protect another person from imminent harm.
Lack of intent. Challenging whether you had the required mental state (intentionally, knowingly, or recklessly) when the alleged assault occurred, can be a valid defense to assault.
Mistaken identity. Assault offenses are often committed during chaotic and confusing situations, and it isn’t uncommon for the wrong person to be charged afterwards.
Insufficient evidence. At the end of the day, the prosecution must prove your guilt beyond a reasonable doubt, and it is your attorney’s job to highlight weaknesses and inconsistencies in their case.

Case Dismissed DWI
Our client, a veteran, fell asleep at the wheel and was involved in an accident. He was arrested for DWI and refused to give a breath or blood sample to the police. He came to us concerned that a DWI conviction would put an end to his military benefits. We received a plea offer for a DWI conviction with 15 months of probation, but we knew we could do better.
Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit.
Case Dismissed; Charges Reduced Felony DWI
Our client was arrested for her fourth DWI with an alleged BAC of 0.168. The State aggressively prosecuted this case and sought prison time. We were able to work with the client on a mitigation strategy that resulted in the State agreeing to drop the felony and offer probation on a misdemeanor, keeping the client out of jail.
Not Guilty DWI .17 Blood Result
A soldier on base at Fort Hood hit a parked car in the parking lot of his barracks while attempting to back into a parking space. A bystander called 911, believing the driver to be drunk. Military Police investigated the incident and performed field sobriety tests. The soldier was arrested for DWI and his blood was drawn for analysis. The lab results came back, showing an alleged blood alcohol content of 0.178.
Case Dismissed/Charges Reduced DWI With Child Passenger - Felony
Case Dismissed Intoxication Assault
Our client had allegedly been drinking with friends after work. He woke up in the hospital after an accident that severely injured another person. We fought for our client in our negotiations with the prosecutor on his felony Intoxicated Assault charge and worked with the injured party’s insurance company on a plan to compensate her for her injuries. The felony was ultimately dismissed and reduced to a misdemeanor DWI charge.
Case Dismissed DWI
Our client was charged with a DWI in Waco when he was caught crossing through a ditch to get to a frontage road during traffic. He admitted to having three drinks and performed SFSTs. However, he refused to provide breath or blood to the officers.
Motion to Suppress Granted; Case Dismissed DWI 2nd .209
Not Guilty 2nd DWI
911 caller reported a major rollover, single car accident. EMS and fire arrived on scene. They had to break the window to get our client out of the car. He said he had swerved to miss a deer and had been up close to 18 hours before the crash. Police later arrived on scene, spoke to our client and he admitted to coming from a bar and drinking 2 martinis.
Not Guilty DWI .22 Blood Warrant
This was the 2nd time we tried this case. First one ended in a mistrial last year. 911 caller reported 2 people leaving a restaurant belligerent and stumbling. Officer arrived on scene, conducted field sobriety tests and arrested client for DWI. Client refused to provide a sample. Warrant was obtained and blood came back a .22.
Motion to Suppress Granted During Trial DWI .11 Blood Warrant
Second jury trial (first hung 4-2 not guilty). State dismissed mid-trial after we won motion to suppress. Client asleep in driver’s seat of parked truck, engine running. Officers claimed alcohol odor from vehicle but couldn’t specify source.
Case Dismissed DWI
Our client was pulled over for failure to signal intent to turn. The arresting officer claimed the vehicle accelerated at a high rate of speed (67 MPH in a 30 MPH zone) resulting in a chase. When our client stopped, the officer noted the smell of alcohol on our client’s breath.
Case Dismissed DWI
Our client left 6th Street at 2:00 AM after celebrating an anniversary and fell asleep at the wheel. He was arrested for DWI at 4:30 AM and blew a .138 on the breathalyzer.
NOT GUILTY DWI
911 caller reported our client passed out in the middle of an intersection. Police arrived on scene, and would later find meth, cocaine, and THC gummies inside the car. There were also two open containers of alcohol in the front console. Client was very groggy and unintelligible but woke up pretty quickly after officers arrived. According to the officers, the client failed the field sobriety test. But, of course, they always say this.
Not Guilty DWI .24 Blood Warrant
Our client, an older male working professional, was stopped for a traffic violation while leaving downtown Round Rock. A major issue arose with the blood analysis conducted by a DPS analyst who had a prior disciplinary history.
Case Dismissed DWI
Our client was stopped by a police officer for driving the wrong way down a one-way street. A Blood Warrant was issued, and the test came back .09. Our client was new to the area and attempting to get a job. Pleading guilty to a DWI was not an option. After negotiating with the prosecutor, our firm was able to get the DWI charge dismissed after successful completion of 18 months deferred prosecution.
Probation (was looking at 25 to life in prison) Felony DWI
Our client was arrested and charged with DWI. The alleged BAC was 0.083. However, because he had 6 prior DWI’s and had previously been to prison multiple times, the client was facing 25 years to life in prison. The client accepted responsibility for the crime and our attorneys set this case for a sentencing hearing in front of the judge, where we put on a strong mitigation case with multiple witnesses. We were able to avoid prison or jail for the client. He was sentenced to probation.
Not Guilty 2nd DWI
Our client was pulled over for a traffic violation. Officer smelled alcohol, client admitted to consuming a few drinks. Officer also noted slurred speech and bloodshot eyes. Client performed the SFST’s (roadside tests). Officer said he failed all 3, eye test, walk and turn and one-leg stand. Officer placed client under arrest and asked him for a sample of breath and/or blood. Client refused. Officer did not get a blood warrant.
Case Dismissed DWI
Our client was stopped for a headlight that had gone out and was then arrested for and charged with DWI. He consented to a breath test and blew a .11. Upon reviewing the dash cam video, we discovered that the field sobriety tests were performed off camera. We knew that the video would not be usable in trial and used this information to pressure the prosecutor during our negotiations.
Case Dismissed Felony DWI w/ Child Passenger
After spending Thanksgiving Day with her family, our client drove home with her daughter in the backseat of her car. She was pulled over for speeding and given a warning. At that point, she should have been free to leave. Instead, a backup officer arrived on scene and demanded that the client step out of the car so he could perform an “investigation.”
Pre-Trial Diversion DWI Voluntary Blood Draw
Our Client was pulled over and investigated for DWI. He was asked to perform Standard Field Sobriety Tests and subjected to an eye movement test. He also voluntarily provided a blood sample to be tested. The results were twice the legal limit. Our client has a prior felony conviction. The State waited a full 2 years after the incident and right before the deadline of the statute of limitations were to expire to file the charges against our Client.
Case Dismissed 2nd DWI
Our client was involved in a vehicle accident in La Grange where she was ejected from the vehicle and had to stay in the hospital. There was alcohol in the car, and she had prior DWIs. The ethanol levels in her blood came back at a .13 so she was charged with Driving While Intoxicated. This client was unaware that she was charged after she left the hospital which resulted in the charge of Bail Jumping. However she maintained that she had only an 8% functioning liver due and upon researching her medical hist

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Great defense lawyers.
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If you’re in Travis County and facing charges, I’d absolutely recommend giving this firm a call.
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Arrested for Aggravated Assault? Protect Your Future With the Criminal Defense Attorneys at Smith & Vinson

With the right Austin aggravated assault lawyer, an aggravated assault charge doesn’t have to define the rest of your life. While the stakes are incredibly high if you’ve been charged for assault, if you’ve yet to be convicted, then you can still fight another day. Don’t wait, hire an attorney to protect your life.

Whether you need lawyers for a family violence charge or an aggravated assault charge, the Austin criminal lawyers have the experience and the track record to defend your future. The assault attorneys at Smith & Vinson have beaten countless assault charges for our clients in positions like yours.

Ready to mount an aggressive defense? Call us today at (512) 359-3743 or contact us online for a free consultation.

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