Aggravated Assault with Deadly Weapon: An Overview
Aggravated assault with deadly weapon in Houston, Texas is a serious criminal offense that is classified in the criminal codes with other offenses such as murder, kidnapping, and sexual assault. If you have been charged with Aggravated Assault with Deadly Weapon or are the target of an investigation, it is important to understand the nature of the crime and the potential punishment.
To be guilty of aggravated assault with deadly weapon, it must be proved you committed a simple assault while using or exhibiting a deadly weapon. See [Penal Code Title 5 Chapter 22]
Many people are surprised to learn that it is possible to be charged with assault even if there was no contact between the alleged offender and the victim. A person may be charged with assault if:
- Intentionally, knowingly, or recklessly caused bodily injury to another person.
- Intentionally or knowingly threatened someone with bodily injury.
- Intentionally or knowingly caused physical contact in a manner considered offensive or provocative.
A deadly weapon is a firearm or other object or thing that is capable of causing serious bodily injury or death. This definition is very inclusive because it focuses on the phrase “capable of causing.” Thus, a car, a bottle, or perhaps even a martial artist’s hands might be considered deadly weapons.
Typically charged as a second degree felony, aggravated assault with deadly weapon can be charged as a more serious first degree felony under certain circumstances: such as if the victim is a family member, a public servant, a security guard, or a witness in a criminal case and the assault is retaliatory or threatening in nature.
Assault Deadly Weapon Potential Legal Consequences
A conviction for a second degree felony in Texas carries a potential jail sentence from 2 to 20 years along with a fine of up to $10,000. A first degree felony is more serious and can be punishable by 5 to 99 years jail time along with a fine up to $10,000 in fines. In conjunction with fines and prison, being found guilty of aggravated assault with a deadly weapon may also carry the consequence of paying restitution to the victim. As with most criminal charges, the facts and circumstances of the case as well as prior convictions often impact the range and seriousness of sentencing.
Contact a Criminal Defense Lawyer
If you are being charged with or under investigation for assault with a deadly weapon it is important that you retain a criminal defense attorney as soon as possible. Carl Haggard – of The Haggard Law Firm – has over 30 years of experience and a verifiable winning record helping people fight their aggravated assault charges. Call or use the short email form to request a free confidential consultation regarding your charges. Carl is an Ex-Chief District Prosecutor who knows how to fight these charges in a Houston court and is passionate about providing his clients the best defense possible.