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Aggravated Assault

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San Antonio Aggravated Assault Attorneys

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.

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.

Legal Defenses for Aggravated Assault Charges

Being charged with aggravated assault does not automatically mean a conviction. There are several legal defenses that may be used to challenge the charges and reduce or dismiss penalties.

Common Defense Strategies

Self-Defense – If the accused was acting to protect themselves from harm, their attorney may argue that the use of force was justified under Texas law.
Lack of Intent – Aggravated assault requires intent to cause harm. If the accused did not intend to injure the other person, charges may be reduced.
Mistaken Identity – Eyewitness misidentification is common, and proving the wrong person was accused can lead to case dismissal.
False Accusations – Sometimes, accusations arise from personal conflicts or revenge. An attorney can uncover inconsistencies in the accuser’s statements.
Unlawful Search and Seizure – If law enforcement obtained evidence illegally, it may be excluded from the case.

The Difference Between Assault and Aggravated Assault

Texas law distinguishes between simple assault and aggravated assault based on intent, injury severity, and the presence of a weapon.

Key Legal Distinctions

Assault – Involves causing bodily injury, making threats of harm, or engaging in offensive physical contact. It is typically a misdemeanor.
Aggravated Assault – Occurs when serious bodily injury is caused or when a deadly weapon is displayed during an assault. It is a felony offense.

How Charges Are Determined

Severity of Injuries – Minor injuries may result in a simple assault charge, while severe or life-threatening injuries may lead to aggravated assault.
Use of a Weapon – If a firearm or other deadly weapon was involved, the charges automatically escalate to aggravated assault.

How an Attorney Can Help in an Aggravated Assault Case

Having an experienced criminal defense attorney is crucial when facing aggravated assault charges.

The Importance of Early Legal Intervention

An attorney can review police reports, collect evidence, and interview witnesses to build a strong defense.
They can ensure the accused’s rights are protected throughout the legal process.

Challenging Evidence and Witness Testimony

Defense attorneys look for inconsistencies in statements, lack of physical evidence, and improper police procedures.
Cross-examining witnesses can expose false allegations or unreliable testimony.

Negotiating Plea Deals or Case Dismissal

If the evidence is weak, an attorney may negotiate a lesser charge or push for case dismissal.
In some cases, alternative sentencing options, such as probation or anger management programs, may be possible.

If you are facing aggravated assault charges, securing legal representation as soon as possible can make a significant difference in the outcome of your case.

Facing Aggravated Assault Charges? Protect your rights with an experienced defense attorney. Call (210) 738-8383 or contact us today for a free consultation.

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 an aggravated assault, he or she will be charged with a second-degree felony. A second-degree felony 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 an 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.

Time is Critical—Act Now! The sooner you have legal representation, the stronger your defense. Call (210) 738-8383 or contact us to get started.

Frequently Asked Questions (FAQs) About Aggravated Assault in Texas

Can aggravated assault charges be dropped by the victim?

No, in Texas, once charges are filed, the decision to drop them lies with the prosecutor, not the victim. Even if the alleged victim wants to withdraw their complaint, the state may still proceed with the case.

Will I go to jail if I’m charged with aggravated assault?

Not necessarily. While aggravated assault is a serious charge, potential outcomes depend on the circumstances of the case, your criminal history, and your legal defense. Your attorney may negotiate a reduced charge, probation, or even dismissal.

Can I be charged with aggravated assault if no one was seriously injured?

Yes. You can be charged if you brandished or used a deadly weapon, even if no injuries occurred. Threatening someone with a firearm or a knife during an altercation could still qualify as aggravated assault.

What qualifies as a “deadly weapon” in an aggravated assault case?

A deadly weapon is not limited to firearms and knives. Under Texas law, anything capable of causing serious bodily harm or death—such as a baseball bat, vehicle, or even a heavy object—could be considered a deadly weapon if used aggressively.

Can a first-time offender get probation for aggravated assault?

It depends. While aggravated assault is a felony, first-time offenders may be eligible for probation or alternative sentencing, especially if the crime didn’t result in severe injury or involve a firearm. A strong legal defense improves your chances of avoiding prison time.

How long does an aggravated assault case take to resolve?

The timeline varies. Misdemeanor assault cases may be resolved in a few months, while felony aggravated assault cases can take a year or more, especially if they go to trial. Your attorney will work to speed up the process while ensuring a strong defense.

Will an aggravated assault conviction affect my gun rights?

Yes. A felony conviction for aggravated assault can result in the loss of your right to own or carry a firearm under both Texas and federal law. An attorney can advise you on possible options for restoring your rights in the future.

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 practice law in the San Antonio area including Converse, Live Oaks, Kirby, Somerset, and Universal City.

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.

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

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