TL;DR:
- Aggravated assault is a felony in Texas and can lead to 2 to 99 years in prison.
- Penalties depend on injury severity, weapon use, and who the victim is.
- Charges can escalate based on intent, retaliation, or public safety threats.
- Common defenses include self-defense, defending others, or lack of intent.
- A criminal defense attorney can challenge the charges and protect your rights.
If you’ve been charged with aggravated assault in Texas, you’re likely facing one of the toughest legal situations of your life. These charges carry serious penalties, including years in prison, and can affect your reputation, your career, and your future.
An aggravated assault charge in Arlington, Texas, does not immediately mean a conviction.
With the right legal defense, you may be able to reduce the charges, avoid prison, or even get the case dismissed. It starts with understanding what you’re up against and how Texas law treats aggravated assault.
What Is Considered Aggravated Assault In Texas?
In Texas, aggravated assault goes beyond a simple fight or verbal threat. It involves serious physical harm or the use of a deadly weapon during the incident. According to Texas Penal Code § 22.02, you can be charged if you:
- Cause serious bodily injury to another person.
- Or use or exhibit a deadly weapon while committing an assault.
Even if no one was seriously hurt, using a weapon, like a gun, knife, or even a car, can turn a standard assault into an aggravated one.
How Texas Classifies Aggravated Assault Charges
Texas divides aggravated assault into two felony categories: second-degree and first-degree, depending on the circumstances. This classification affects everything from how prosecutors handle the case to how harsh the sentence might be.
Second-Degree Felony
This is the most common charge for aggravated assault. It usually applies when someone is injured or threatened with a weapon, but there are no additional aggravating factors.
- Penalty: 2 to 20 years in prison.
- Fine: Up to $10,000.
- Additional Impact: Permanent criminal record, difficulty finding employment or housing, and loss of firearm rights.
First-Degree Felony
A second-degree charge can escalate to a first-degree felony if the case involves certain aggravating circumstances, such as:
- Causing serious injury with a deadly weapon.
- Assaulting a public servant (police, EMTs, government officials).
- Retaliating against a witness or informant.
- Firing a gun from a vehicle and causing injury (drive-by).
- Assaults connected to mass violence or public safety threats.
- Penalty: 5 to 99 years or life in prison.
- Fine: Up to $10,000.
These charges carry some of the harshest sentences in Texas law, even for people with no prior criminal history.
What Affects Sentencing?
No two aggravated assault cases are alike. The outcome depends on a mix of legal facts and how the court interprets them. Key factors include:
Type & Severity Of Injury
Broken bones, internal bleeding, disfigurement, or injuries requiring hospitalization can lead to more serious charges.
Use Of A Weapon
Even showing a weapon during an assault (without using it) can elevate the charge.
Who The Victim Was
Harming or threatening public servants, family members, or romantic partners often triggers harsher penalties under Texas law.
Intent & State Of Mind
If prosecutors can show you intended to cause serious harm or acted out of revenge, the penalties will likely increase.
What Defenses Can Be Used In An Aggravated Assault Case?
An experienced defense attorney will examine every detail of your case to build a strategy that fits the facts and Texas law. Common defenses include:
Self-Defense
You have the legal right to protect yourself if someone else poses an immediate threat. Your attorney can argue that the force used was necessary and proportional.
Defense Of Others
Similar to self-defense, this applies when you’re protecting a family member, friend, or even a stranger from danger.
Lack Of Intent
If the injury happened accidentally, or you didn’t intend to cause harm, this can reduce or even eliminate criminal liability.
Mistaken Identity Or False Allegations
In heated situations, emotions run high, and accusations may be exaggerated or misdirected. Your attorney can challenge the credibility of witness testimony and the accuracy of police reports.
Violation Of Your Rights
If law enforcement violated your rights during arrest, search, or interrogation, key evidence might be thrown out.
No matter what your situation looks like right now, you do have options, and your next move matters.
Why A Local Arlington Attorney Makes A Difference
Fighting a felony charge isn’t just about knowing the law; it’s about knowing the system. An experienced Arlington defense attorney understands:
- How local prosecutors handle assault cases.
- What judges in Tarrant County expect during trial.
- Which diversion or reduction options may apply in your jurisdiction.
Having someone local and committed to your case gives you the edge when the stakes are this high.
Arrested For Aggravated Assault? Let’s Start Building Your Defense
At Arlington Criminal Attorneys, we know what it takes to defend clients facing aggravated assault charges. Whether you’re accused of using a weapon, causing serious harm, or being in the wrong place at the wrong time, we’re here to fight for your freedom.
Our team digs into every detail, reviewing evidence, interviewing witnesses, and identifying weak points in the prosecution’s case. We’ll work to reduce the charges, negotiate where possible, and prepare for trial when necessary.
This is your life. Your reputation. Your future. Let’s defend it.
Don’t Delay, Take Action Today
If you’re facing an aggravated assault charge in Arlington, don’t wait to get help. The sooner you take action, the more options you’ll have.
Contact Arlington Criminal Attorneys now for a confidential consultation. We’ll explain your rights, discuss your next steps, and start working on a strategy built to protect you.
