Aggravated Assault with Deadly Weapon: An Overview

Aggravated Assault 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]

If you are charged with Aggravated Assault contact The Haggard Law Firm for a Free Confidential Case Evaluation. Carl Haggard is a former District Court Chief Prosecutor with decades of experience defending the people of Harris County. 

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    Attorney Carl Haggard worked tirelessly on my case throughout. He and his assistant Nancy, treated me like family, and were always responsive and supportive. When we went into court I felt confident Mr. Haggard had everything in order. His questioning of witnesses on both the plaintiff and defense side was immaculate. He clearly painted the plaintiff as dishonest and myself as innocent of the charge of assault. His communication to the Jury was simple and clear cut. He instilled a huge reasonable doubt in the Jury's minds. With a quick decision of 6-0 Not Guilty verdict returned in one hour at trial. Carl knows how to Win, even when he is put up against two DA's working against him in trial. He told me we got a good jury. He was hesitant to say "we will win" to keep my expectations reasonable of any particular outcome. Mr. Haggard knows the law and he knows exactly what he is doing. I am thankful for both He and his assistant Nancy, and God for them both, throughout this entire case.
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    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.