El Paso Aggravated Assault Attorney

Experience Trying Numerous Misdemeanor & Felony Cases

Aggravated assault is a felony charge that carries serious conviction penalties. It is important to hire an experienced lawyer to prepare a strong defense and protect your rights. At Joseph Veith Law, our El Paso aggravated assault attorney has more than a decade of legal experience, both as a defense lawyer and former prosecutor. He uses his varied experience for the benefit of our clients. 

Please call (915) 600-6045 or reach out online for experienced legal representation from our aggravated assault lawyer in El Paso.

What is Aggravated Assault?

In Texas, aggravated assault is defined as intentionally, recklessly, or knowingly causing serious bodily injury, including threatening someone with bodily injury. Charges also arise when a deadly weapon is used during an assault. Depending on the circumstances, this offense may be charged as a second- or first-degree felony.

Aggravated assault may result in first-degree felony charges when:

• A deadly weapon is used in an assault against a family member, intimate partner, or member of the same household
• The offense is committed by a public worker when working in an official capacity
• The victim is a public servant working in his or her official duties
• The victim is a security officer
• The actor carried out the offense to retaliate against a witness
• A firearm is discharged from a car at a house or another vehicle, and someone suffers serious injury

In order to rise to the level of “serious bodily injury” the injury must result in permanent disfigurement, impairment of the function of a part of the body, create a substantial risk of death, or cause death. Whether you are charged with a second- or first-degree felony, you could be facing serious legal consequences.

What Are the Penalties for Aggravated Assault in Texas?

Depending on the level of charge you are facing, the criminal penalties for aggravated assault charges vary. In addition to the details of the alleged offense, any prior misdemeanor or felony convictions can result in more severe penalties.

The punishments for an aggravated assault conviction include:

• 2 to 20 years in prison (second-degree felony)
• 5 to 99 years in prison (first-degree felony)
• A fine of up to $10,000
• Restitution for the victim

In some cases, the court may grant probation as an alternative to jail. The term for a felony is 10 years of probation, although the court may also sentence the defendant to up to 180 days in jail, followed by probation. You must comply with all conditions of probation, which may include maintaining employment, drug testing, completing treatment, and avoiding criminal activity.

How to Defend Against Aggravated Assault

There are several defense strategies an El Paso aggravated assault lawyer may use to challenge the prosecution's case or reduce the charges. Common defenses include self-defense, where you can show that you acted to protect yourself or others from imminent harm, and lack of intent, which argues that you did not intend to cause harm or use a deadly weapon. Mistaken identity can also be a defense if the alleged victim wrongly identified you, and lack of evidence may lead to a dismissal or reduction of charges if the prosecution fails to prove its case beyond a reasonable doubt.

Other defenses may include provocation, where you argue that you were triggered into committing the assault, though this may only reduce the severity of the charges rather than serve as a complete defense. Your attorney can challenge witness testimony, question the validity of physical evidence, and highlight inconsistencies in the prosecution’s case to help you avoid a conviction or minimize penalties. The right defense strategy depends on the specific facts of your case, and an experienced lawyer will tailor a defense to suit your needs.