Understanding Aggravated Assault Charges in Texas

 Posted on August 03, 2023 in Criminal Defense

Being charged with simple assault can expose you to serious legal penalties. Even the simplest forms of misdemeanor assault can lead to jail time and leave a black mark on a criminal record you may never be able to move past. However, if you are charged with aggravated assault, your situation is a fair bit more serious. Aggravated assault is a felony rather than a misdemeanor and could result in over a year of time in prison if you are convicted. The main difference between simple and aggravated assault is the seriousness of the assault. In Texas, assaults that result in serious bodily harm or involve the use of a deadly weapon can be considered aggravated assaults. Because aggravated assault is generally considered a violent crime, while simple assault is not, the penalties are far more serious. If you are facing aggravated assault charges in Texas, it is important to make finding an experienced criminal defense attorney a high priority. 

Simple Assault Explained 

In order to understand aggravated assault, it is important to first know what types of conduct constitute simple assault in Texas. Generally, there are three ways to commit simple assault: 

• Causing physical harm - Intentionally or recklessly causing any physical harm including pain or bruises on another person can be considered an assault. 

• Threatening harm - Even if you never made physical contact with the other person, purposely threatening someone may lead to assault charges. 

• Making offensive contact - Intentionally making physical contact with another person in a manner that is offensive or provocative may be prosecuted as assault. 

Any of these three acts can fall under the definition of criminal assault in Texas. 

What is Aggravated Assault? 

First, to be charged with aggravated assault, you must have committed a simple assault. If you are found to have committed the simple assault, there are two distinct factors that can increase the seriousness of the case and lead to aggravated assault charges. They are: 

• Using a weapon - Any assault that is carried out using a deadly weapon - even if the weapon was not directly used on the victim - can be prosecuted as aggravated assault. 

• Causing serious harm - If the victim suffered serious injuries, you will likely be charged with aggravated assault. 

This form of assault is taken far more seriously than simple assault. If you are facing this charge, it is important to take it very seriously and focus on your defense. 

Contact a Frisco Aggravated Assault Lawyer 

Law Offices of Biederman & Burleson P.L.L.C. provides high-quality criminal defense services to those facing serious assault charges. Our experienced Frisco aggravated assault attorneys will do all we can to protect your freedom. Contact us at 469-333-3333 for a free consultation. 

Source: 

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.22.htm