 According to TEXAS PENAL CODE § 22.02, one can be charged with aggravated assault if one knowingly or recklessly assaults another person with an additional aggravating factor to the case such as serious bodily injury to another person. Another aggravating factor is assaulting someone with the use of a deadly weapon, with use being defined as broadly as only showing or displaying the weapon.
Most often, an aggravated assault with a deadly weapon is a second-degree felony. (See TEXAS PENAL CODE § 22.02(b) below.) Section 22.02(b)(1) (see below), though, creates an exception to the assault if done to someone performing their roles as a public servant.
Aggravated assaults and assaults with a deadly weapon carry very stiff penalties and are considered serious offenses by the District Attorney’s office. If convicted of a 1st degree aggravated assault felony, the range of punishment allows up to 99 days in jail or prison, along with a monetary fine up to $10,000. However, if convicted of a 2nd degree felony, the range of punishment is between 2 and 20 years in prison, along with a $10,000 fine. It is absolutely necessary that you hire the best attorney that you can afford.
You Need an Aggressive Houston Aggravated Assault Attorney
Mark Thiessen understands the severity of the consequences you are facing and will fight for your freedom. He will work to have the case no-billed, dismissed, reduced, and either get the best deal possible or take it to trial.
If you have been charged with aggravated assault or assault with a deadly weapon, contact attorney MARK THIESSEN 713-864-9000 immediately. He is available 24 hours a day, 7 days a week to ease your concerns and protect your freedom.
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TEXAS PENAL CODE § 22.02
§ 22.02. AGGRAVATED ASSAULT.
(a) A person commits an
offense if the person commits assault as defined in § 22.01 and
the person:
(1) causes serious bodily injury to another, including
the person's spouse; or
(2) uses or exhibits a deadly weapon during the
commission of the assault.
(b) An offense under this section is a felony of the second
degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the
commission of the assault and causes serious bodily injury to a
person whose relationship to or association with the defendant is
described by Section 71.0021(b), 71.003, or 71.005, Family Code;
or
(2) regardless of whether the offense is committed
under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the
servant's office or employment;
(B) against a person the actor 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;
(C) 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; or
(D) against a person the actor knows is a
security officer while the officer is performing a duty as a
security officer.
(c) The actor is presumed to have known the person assaulted
was a public servant or a security officer if the person was wearing
a distinctive uniform or badge indicating the person's employment
as a public servant or status as a security officer.
(d) In this section, "security officer" means a
commissioned security officer as defined by Section 1702.002,
Occupations Code, or a noncommissioned security officer registered
under Section 1702.221, Occupations Code.
NOTE: This information is NOT LEGAL ADVICE. It is provided for EDUCATIONAL USE ONLY. If you need legal advice regarding a criminal matter in the State of Texas, please contact MARK THIESSEN at 713-864-9000 or fill out a brief case evaluation form.
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