Aggravated Assault Defense Attorney in Corpus Christi, Texas
Texas penal code for aggravated assault
Aggravated assault is a felony in Texas, carrying some of the harshest penalties and sentencing available in the state.
A basic assault charge is defined as an action or threat that causes harm or fear of harm to another person. The crime of aggravated assault may be charged in two ways:
- Serious bodily injury to the victim, such as broken bones or disfigurement
- Use of a deadly weapon, such as a firearm, knife or other weapon capable of killing
In any of those scenarios, the crime is charged as a second degree felony, with jail time if convicted.
However, the charge of aggravated assault is amplified to a first degree felony in several special circumstances such as:
- A domestic assault where a deadly weapon is used or serious bodily injury resulted
- The victim of the assault is the witness to a crime
- Firing a gun into a home from a passing vehicle, causing serious injury
The penalty for a first degree felony in Texas is 5 to 99 years in state prison.
If any of these actions result in a death the crime would be capital murder, which carries the possibility of execution.
In cases where a deadly weapon is used only to create a threat, the crime may still be charged. It is not necessary to actually use the weapon during the assault.
These types of aggravated assault charges will depend on the version of events told by the parties involved, eyewitnesses accounts and the reports of responding law enforcement officers.
When charged with assault, it is essential to have an experienced criminal defense attorney. Bobby Bourlon has extensive experience with the criminal defense process and will handle the investigation and pre-charge discussions with the prosecution. He will work hard to lessen the charges and/or penalties against you.
Please call 361-289-6040 for a free initial consultation.