Texas Aggravated Assault Laws

The state of Texas, like many other states, considers assault a comprehensive offense, covering the traditional elements of both assaults and battery offenses. With this being said, assault criminal statutes in Texas cover both threats of bodily harm, as well as actual bodily harm, with penalties and associated charges being outlined based on the nature of the offense itself and the victim involved. In any case, repeat offenses, habitual criminal offenders, and commission of aggravated assault during commission of other crimes can enhance penalties faced by a defendant. According to a meta analysis done by Uniform Crime Reports, there were 74,018 aggravated assaults recorded in Texas in 2009.

Defining Aggravated Assault in Texas

The definition of aggravated assault in Texas is primarily based on the definition of assault as noted under Texas law. Assault offenses encapsulate both threats of bodily harm, causing actual bodily harm, or attempting to cause bodily harm. Unless otherwise noted, assault offenses are a Class A misdemeanor in Texas, but certain offenses committed against public servants, corrections officers, via the use of strangulation on any victim, prior convictions for subsections of violent crime against the person, against emergency service personnel, or against certain family members, cohabitants, coworkers, and other close relationships will increase applicable charge to third degree felony.

• An assault is deemed aggravated in Texas, if meeting the criteria for assault, the criminal act also displays or causes serious bodily injury or involves use of a deadly weapon. These are charged as aggravated assaults, which are second degree felony offenses.
• An aggravated assault, first degree felony includes any offense involving use of deadly weapon and causing bodily injury against certain close relations, security officers, public servants and other individuals working in an official capacity.
• Texas defines sexual assaults and aggravated sexual assaults are entirely different criminal offenses with separate schedules of potential penalties, likewise making terrorist threats is considered a separate offense under Texas law as well.
• Domestic violence based assaults and aggravated assaults carry additional penalties and pre-conviction restrictions in Texas, as well as most other states.

Penalties

Plea Options

As with most states, plea options will hinge on potentially reducing aggravated assault charges to either simple assault charges, lesser degrees of aggravated assault, or if feasible, outright dismissal of the charges entirely. Likewise, negotiating potential sentences if altering the charge itself is not feasible is another plea option. However, any plea option or attempt to arrange a plea deal in Texas will hinge on entirely case-specific considerations, and in turn, will always require the use of legal counsel.

Getting Legal Help

For more information and insight into Texas aggravated assault laws, including legal defense options and strategies including dismissal, reduction of charge or other plea options, consult with a Texas aggravated assault lawyer to learn more about your legal rights and options.