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What is aggravated assault with a deadly weapon in Texas?

Aggravated assault with a deadly weapon is a felony offense in Texas. It occurs when someone commits an assault and either:

  • Uses or exhibits a deadly weapon during the commission of the assault; or
  • Causes serious bodily injury to the victim.

What is a Deadly Weapon?

A deadly weapon is defined as anything that is manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

What are the penalties for aggravated assault with a deadly weapon in Texas?

The penalties for aggravated assault with a deadly weapon in Texas depend on the severity of the offense.

  • Second-degree felony: If the offense does not involve any of the aggravating factors listed below, it is a second-degree felony. The punishment for a second-degree felony is 2-20 years in prison and a fine of up to $10,000.
  • First-degree felony: If the offense involves any of the aggravating factors listed below, it is a first-degree felony. The punishment for a first-degree felony is 5-99 years in prison and a fine of up to $10,000.

Aggravating factors: The following are aggravating factors that can elevate an aggravated assault with a deadly weapon charge to a first-degree felony:

  • The victim is a public servant or security officer who is engaged in the performance of their duties.
  • The victim is a child younger than 14 years of age.
  • The offense is committed in a school zone.
  • The offense is committed during the commission of another felony.
  • The offender has a prior conviction for aggravated assault with a deadly weapon.

Defenses:

There are a number of defenses that may be available to someone charged with aggravated assault with a deadly weapon in Texas. These defenses include:

  • Self-defense
  • Defense of others
  • Accident
  • Mistake of fact
  • Involuntary intoxication

If you have been charged with aggravated assault with a deadly weapon in Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. An attorney can help you understand the charges against you and develop a defense strategy.

Finding an Assault Attorney in Texas

Choosing the right Assault Attorney is important since a conviction can result in fines, prison time, and loss of future employment. 

When you retain the services of Spangler Law, you can be confident we will do all we can to defend your rights in court and assist you throughout every step of the process. 

When you need a trustworthy criminal defense attorney in the Dallas, Texas area, look no further than Spangler Law.