The name itself sounds as serious as the crime: aggravated assault — and it is serious. One of the most serious charges a person can face in the criminal justice system, in fact. But is aggravated assault a felony in Texas?
We’ll cut straight to it: yes, a charge for aggravated assault is always a felony charge in Texas, and if you are convicted, you’ll be facing years in prison.
If you’ve been accused of, or charged with, aggravated assault, don’t despair. You can still fight these life-threatening charges as long as the judge has yet to bang their gavel.
Keep reading to learn everything you need to know about aggravated assault in Texas or call Thiessen Law Firm today at (713) 864-9000 to enlist aggravated assault lawyers ready to defend your freedom.
What is the difference between aggravated assault and simple assault in Texas?
According to the Texas assault laws located in Texas Penal Code § 22.02, the difference between assault and aggravated assault in Texas lies in whether any aggravating factors are present. Simple assault occurs when a person:
- Intentionally, knowingly, or recklessly causes bodily injury to another person;
- Threatens another person with imminent bodily injury; or
- Causes physical contact with another person that is considered offensive, provocative, or otherwise unwanted.
The most common aggravating factors that turn simple assault into aggravated assault include:
- Serious bodily injury
- Use of a deadly weapon
- The protected class of the assault victim
We’ll go into more detail on these aggravating factors in a moment, but in general, if you are found to be guilty of an assault crime and any of them are present, you will immediately be facing serious prison time, no matter what the other circumstances of the case dictate — which is why you need a serious lawyer, fast.
What is aggravated assault with a deadly weapon in Texas?
Assault with a deadly weapon is just a type of aggravated assault in Texas. If you commit assault with a deadly weapon in Texas, your charge will just be for aggravated assault, though the weapon will play a part in determining the severity of the charge.
Continue reading about the difference between assault and aggravated assault
What makes a crime aggravated in Texas?
It’s pretty simple: crimes become aggravated when there are aggravating factors at play. Aggravating factors elevate the severity of the crime, and therefore increase the punishments associated with it as well. The three aggravating factors that commonly constitute aggravated assault include:
- Serious bodily injury. Bodily injury is considered serious when it carries a substantial risk of death, disfigurement, or permanent bodily damage, going above minor harm and requiring serious or ongoing medical attention.
- Use or exhibition of a deadly weapon. A weapon is considered “deadly” if it can cause death or serious bodily harm — which means that virtually anything can be considered a deadly weapon, depending on its use. Therefore, this category includes not only traditional weapons like guns and knives but also objects of all kinds if they are used to cause harm.
- Protected classes of victims. Assault against specific groups of people is also considered aggravated assault. Some examples include public servants, law enforcement officers, and elderly or disabled persons.
We’ll now look at some examples to illustrate how one of these aggravating factors alone can turn a simple assault into an aggravated assault.
Aggravated assault examples
Aggravated assault often means heightened danger for the victims or particularly criminal or premeditated motivation for the offenders. Here are a few examples that showcase the power of these aggravating factors:
| Example #1A man opens his pocket knife while threatening someone on his way home from the bar. Although he never puts his hands on anyone, the presence of the deadly weapon and the verbal threat are enough to elevate the incident to an aggravated assault. |
| Example #2During a fight in a rowdy club, a club-goer falls backward and hits their head on the table, concussing themselves and necessitating a trip to the hospital. When they wake up, they find that they have suffered minor brain damage that will require medical care. The other person involved in the altercation can now be charged with aggravated assault, even if they only shoved them out of the way. Continue reading: Can you get arrested for a bar fight? |
| Example #3A woman gets into an argument with a public servant at the courthouse that ends in a shoving match. Because the victim is an on-duty public servant — and especially because the woman had business at the courthouse — she can now be charged with aggravated assault. |
What is the charge for aggravated assault in Texas?
As we said, it is always a felony when you’re charged with aggravated assault in the Lone Star State.
What is the least sentence for aggravated assault?
Your aggravated assault Texas sentence will depend on what level of felony you’re charged with and the quality of your legal representation, but the minimum sentence for an aggravated assault conviction with no lawyerly deals being cut is two years in prison.
How long do you go to jail for aggravated assault in Texas?
Like we said, how long you go to jail will depend on the circumstances of your assault case and what your attorney is able to get you from the prosecution. We’ll say this though: a conviction for aggravated assault almost always means prison time.
| Crime | Charge | Maximum fine | Potential prison time |
| Felony aggravated assault | Second-degree felony | $10,000 | 2 – 20 years |
| Felony aggravated assault | First-degree felony | $10,000 | 5 years – life in prison |
The length of your sentence will often depend on the severity of the crime, the presence of a deadly weapon, and your criminal history before this charge. Judges are much more likely to work with your attorney to cut you a deal if you’ve never been charged with a violent crime before.
Can you get probation for first-time offender aggravated assault with a deadly weapon in Texas?
It is extremely rare that people involved in aggravated assault cases, especially those featuring the use or display of deadly weapons, are granted probation — but it isn’t impossible.
Receiving probation for an aggravated assault offense means the court has determined that you no longer pose a danger to anyone and that probation would be a more just outcome for you, your family, and your case.
Being granted probation for an aggravated assault crime is so rare, that you might as well hire an attorney who knows how to beat a simple assault charge or an aggravated assault charge — because getting your case dropped, dismissed, or winning it outright is just as likely.
Accused of felony aggravated assault? The assault lawyers from Thiessen Law Firm are here to help.
Although the distinction between simple assault and aggravated assault can be a minor difference in circumstances, the difference in how the two are punished is not. Penalties for aggravated assault are serious, and can see you put away in state prison for a long, long time.
Remember, no matter what you’re up against, a charge is not a conviction. If you or a loved one has been accused of or charged with aggravated assault, you need an attorney in your corner who can protect your future and tell your side of the story.
Call Mark Thiessen at Thiessen Law Firm today at (713) 864-9000 or contact us online to defend your life.
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