Aggravated Assault
Aggravated assault under section 22.02 of the Penal Code is a second-degree felony: two to twenty years in prison and up to a $10,000 fine. If the victim is a family member, a public servant, or a security officer, or if the offense involves a drive-by shooting, it becomes a first-degree felony: five to ninety-nine years or life.
The difference between simple assault and aggravated assault turns on two things: serious bodily injury and deadly weapons. Simple assault causing bodily injury is a Class A misdemeanor. Add a deadly weapon or serious bodily injury, and the same conduct becomes a second-degree felony.
What the State must prove
The State must prove that the defendant intentionally, knowingly, or recklessly caused serious bodily injury, or used or exhibited a deadly weapon during the commission of an assault. “Serious bodily injury” means injury that creates a substantial risk of death, causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ. A “deadly weapon” is anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Common defense issues
Self-defense is a complete defense. If the defendant reasonably believed force was immediately necessary to protect against another’s use or attempted use of unlawful force, the jury should acquit. The reasonableness of the belief is measured from the defendant’s perspective at the time.
Consent may be a defense, if there was no serious bodily injury.
Witness credibility is often the central issue. Many aggravated assault cases come down to two conflicting accounts of a fight, a confrontation, or a domestic dispute. Medical records, 911 calls, and video evidence can corroborate or contradict the complainant’s version.
The deadly-weapon finding carries its own consequences: it requires the defendant to serve at least half the sentence before becoming eligible for parole.
Talk to us
713-224-1747.
If you have been convicted and need an appeal, email us at [email protected].