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.
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Aggravated Assault in Texas
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.
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.
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