Aggravated Assault

A standard assault charge carries heavy penalties in the state of Texas. However, if certain aggravating factors are present, the penalties may be elevated. Aggravated assault is considered a violent crime where an individual causes serious bodily harm to another, or exhibits a firearm during an assault. 

Those convicted for aggravated assault may face harsh legal consequences. A conviction for aggravated assault may result in steep fines and possible incarceration. If you have been charged with aggravated assault, it’s highly recommended that you seek a criminal defense attorney.

Aggravated Assault Attorneys in San Antonio, Texas

An aggravated assault charge is very dependent on testimony. Hiring an experienced attorney can help you greatly increase the chances of reducing or dismissing your case. An attorney can cross-examine witnesses and collect crucial evidence for your case. Make the first step to your defense and call the attorneys at Flanary Law Firm, PLLC now.

The attorneys at Flanary Law Firm, PLLC are practiced in criminal defense. Our attorneys have years of experience defending those accused of aggravated assault. We will use our extensive resources and knowledge to uncover any available legal options for you. Do not be idle in this process. Find trusted legal representation with Flanary Law Firm, PLLC.

Flanary Law Firm, PLLC represent those with allegations of aggravated assault in Bexar County and nearby counties including Guadalupe County, Wilson County, Comal County, and Kendall County. 

Schedule a free consultation today. Call us today at (210) 738-8383 or submit an online contact form.

Overview for Aggravated Assault in Texas 


Elements for Aggravated Assault in San Antonio, Texas

For a person to be convicted of aggravated assault, the prosecution must prove he or she fulfilled certain elements. The Texas Penal Code § 22.02 states a person is guilty of aggravated assault if he or she does any of the following:

  • Causes serious bodily injury to another, including the alleged offender’s spouse; or
  • Uses or exhibits a deadly weapon during the commission of the assault.

The term “serious bodily injury” may seem vague. Texas Penal Code § 1.07(8) defines serious bodily injury as any harm that creates permanent disfigurement, protracted loss, impairment of any bodily member or organ or instills a substantial risk of death in the victim. 


Penalties for Aggravated Assault Charges in Bexar County, Texas

The penalties for aggravated assault are dependent on the circumstances of the crime. If a person commits aggravated assault, he or she will be charged with a second-degree felony. A second-degree felony that is punishable by up to 20 years in prison, and a potential fine of up to $10,000.

If the offense includes certain factors, the penalties will be enhanced. This especially applies to who the victim was and their profession. If a person commits aggravated assault with any of the following factors, mentioned below, he or she will face a first-degree felony that is punishable by up to 99 years or life in prison, and a possible fine of up to $10,000.

If the offender does any of the following, in conjunction with an aggravated assault offense, the penalties will be enhanced to a first-degree felony.

  • If the alleged offender is in a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building or vehicle; or
  • If the alleged offender is in a motor vehicle with a deadly weapon and is reckless as to whether the habitation, building or vehicle is occupied.
  • Commits aggravated assault against a person the actor knows is a security officer while the officer is performing a duty as a security officer;
  • Commits aggravated assault in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;
  • Commits aggravated assault on a public servant acting under color of the servant's office or employment; or
  • Commits aggravated assault against a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant. 

Additional Resources

Texas Aggravated Assault Laws – Visit the official website for the Texas Penal Code. Learn more surrounding assault, aggravated assault, and other types of violent crimes. Find more information about penalties, admissible defenses, and legal definitions. 

Domestic Violence Task Force – Visit the official website for Bexar County’s District Attorney’s Office. Find more information regarding the domestic violence task force, protective orders, and the family justice center. Gain access to the District Attorney’s office resources, and Bexar County Court Resources.


Lawyers for Aggravated Assault in Bexar County, Texas

If you or someone you know has been charged with assault or aggravated assault, it is in your best interest to connect with a criminal defense attorney. Texas criminal court system can be complex and intimidating, but it’s vital that you start your defense today.

Flanary Law Firm, PLLC has a strong focus on criminal defense. Our attorneys are dedicated to each and every client, and we believe every person has a right to a fair trial. The attorneys at Flanary Law Firm, PLLC will suppress evidence, file motions, and discover every available legal option for your case.

Attorneys at Flanary Law Firm, PLLC practices law in the San Antonio area including Converse, Live Oaks, Kirby, Somerset, and Universal City.

Call us today at (210) 738-8383, or submit an online contact form today.


This article was last updated on September 27, 2018.

 

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