What Are the Legal Defenses for Aggravated Assault Charges?

What is Aggravated Assault?

Texas state law defines aggravated assault as knowingly, recklessly, or intentionally causing serious bodily harm to another person or displaying a deadly weapon while assaulting an individual. Serious bodily harm is further defined as an injury that creates a substantial risk of death or that causes permanent disfigurement, significantly diminished quality of life or impairment of an organ or limb.

How is Aggravated Assault Different From Simple Assault?

While an aggravated assault charge is typically a felony offense, simple assault is usually only a misdemeanor. A person commits simple assault if:

• They intentionally, recklessly, or knowingly cause bodily harm to another person or the person’s spouse.
• They intentionally or knowingly threaten another person with impending bodily harm, including the person’s spouse.
• They intentionally or knowingly initiate physical contact with another person, knowing or should reasonably know that this action will be regarded as offensive or provocative.

A misdemeanor simple assault charge may be considered a felony aggravated assault if there is an escalation of the danger that is demonstrated through aggressive action. For simple assault to become a felony, the criteria for simple assault must be met in addition to one of the following factors:

• The altercation ended in the victim suffering significant bodily harm.
• The altercation included the use or display of a deadly weapon.
• The aggressor strangulated or attacked a family member or romantic partner.
• The altercation occurred while another crime was being committed, such as rape or robbery.
• The victim is a police officer or other public servant.
• The aggressor has prior assault convictions that are related to family violence.
• The victim is a disabled or elderly individual.

The elements of an aggravated assault differ from simple assault in the following ways:

• Intentional or knowing conduct: The aggressor must have intended to cause significant harm to another person or must have known that their actions were likely to cause this harm.
• Serious bodily harm: This is any injury that creates a significant risk of death or permanent disfigurement. This may also mean a loss of quality of life or impairment of a bodily function or organ.
• Use or display of a deadly weapon: This is any object that is capable of causing death or serious harm and includes firearms, knives, vehicles, etc.
• Reckless conduct: Reckless conduct involves a disregard for the safety of others and a conscious disregard for risk.

What Penalties are Associated with Aggravated Assault?

While certain sentencing guidelines are used, prosecution may vary depending on the specific circumstances of each case, including any prior violent offenses. However, aggravated assault is typically tried as a second-degree felony, which is punishable by two to 20 years in prison and a fine of up to $10,000.

An aggravated assault charge may be upgraded from a second-degree felony to a first-degree felony in the following situations:

• A deadly weapon was used to engage in a domestic assault that caused severe bodily harm.
• The altercation targeted a public servant acting within their working capacity at the time of the incident.
• The altercation was retaliation against an informant, witness, or someone reporting a crime.
• A weapon was fired from a vehicle towards another vehicle, home, or building with reckless disregard from occupancy that resulted in serious bodily harm.
• The assault was a part of a mass shooting event.

First-degree felony aggravated assault convictions carry a sentence of five to 99 years in prison and a fine of up to $10,000.

What are Common Defenses to an Aggravated Assault Charge?

Common defenses used for an aggravated assault charge may include the following:

• Self-defense: If an aggressor was acting in self-defense and the force that was used was reasonable under the given circumstances, this defense may be used.
• Lack of intent or recklessness: This defense applies if the aggressor did not intend to cause significant harm or acted without recklessness.
• Mistaken identity: The aggressor must prove that they are not the person who committed the assault.
• Lack of evidence: A lack of evidence is a defense if there is insufficient proof of the event beyond a reasonable doubt.
• Constitutional violations: If rights were violated during the arrest process, investigation, or prosecution, this defense may be used.

What are the Consequences of an Aggravated Arrest Charge?

In addition to serving time in prison and paying steep fines, a person convicted of aggravated assault may face further penalties that could affect them for the rest of their life. Such consequences include:

• Loss of ability to vote, hold public office, or buy or own firearms
• Loss of professional licenses or security clearances
• Loss of employment opportunities when charges are disclosed to potential employers
• Protective order from family members if the assault was domestic
• Probation, counseling, or community service
• Loss of societal standing

What Should be Done Following an Arrest For Aggravated Assault?

After being arrested for aggravated assault, there are a few important steps to follow:

• Remain silent: It is important to exercise the right to remain silent and withhold statements to law enforcement or other authorities without an attorney present.
• Contact our attorney: Our lawyer can provide guidance on statements and procedures that can be very beneficial down the road.
• Avoid discussing the case: Do not post details of the case on social media or discuss it with family or friends.
• Follow legal procedures: Failure to comply with legal procedures may negatively affect sentencing.
• Prepare for the defense: Prepare a strong defense with the attorney.
• Stay patient: This complex charge will likely take time to resolve.

Do I Need an Attorney?

If you or a loved one is facing felony charges of aggravated assault, you need experienced legal help you can count on. Call Drehner Law today at 832-626-0063 or fill out a contact form for a free consultation.