Assault with a Deadly Weapon in Texas

 Posted on February 22, 2024 in Violent Crimes

Facing an assault with a deadly weapon charge in Texas carries many issues of concern. The first of which is hiring experienced and knowledgeable legal representation to protect your rights. An attorney can help you understand the charges and mount a solid defense to get the charges dropped or reduced.

Aggravated Assault

In Texas, assault is placed into two categories – simple assault and aggravated assault. Simple assault is when a person knowingly, recklessly, or purposefully greatly injures another person or threatens to do so. Aggravated assault is an elevated form of simple assault that occurs when a person causes serious bodily harm or flashes a deadly weapon during the assault. Texas maintains aggravated assault as a second-degree felony. This charge can escalate to a first-degree felony when other aggravating circumstances are involved, such as using a deadly weapon.

Weapons in Texas Considered “Deadly Weapons”

Almost anything can be considered a deadly weapon, depending on its use in crimes like assault, manslaughter, murder, and other criminal offenses. Even a pair of underpants can be deemed a deadly weapon in Texas if used to strangulate another person. However, Texas defines a deadly weapon as:

• A firearm or weapon adapted or modified to inflict serious injury or death
• Anything intended for the use of or used as a weapon intent on dealing grievous bodily injury or death

In this circumstance, a firearm is any device made or modified to expel a projectile through a barrel using a burned or exploded substance that generates energy to propel that projectile. A weapon easily converted into this sort of weapon can also be considered a firearm. Objects that may not usually be considered deadly weapons can be considered as such entirely based on the manner in which they are used. The object itself must be capable of causing death or great bodily harm to be regarded as a deadly weapon.

The Penalties For Assault With A Deadly Weapon

Aggravated assault is deemed a second-degree felony, which may result in two to 20 years imprisonment along with a fine of up to $10,000. So long as the weapon was only used in a threatening manner or else brandished to enforce that threat, then the aggravated assault remains a second-degree felony. Once the weapon is used, be it the butt of a firearm or a bullet, the aggravated assault is lifted to a first-degree felony. This is the second-most severe criminal offense a person can face in Texas, just under a capital offense. The penalties could see a convicted individual facing a prison sentence of five years to life and up to $10,000 in fines.

Contact a Parker County, TX Criminal Defense Attorney

A conviction of an assault with a deadly weapon harbors severe penalties. Should it escalate to a first-degree felony charge, it could potentially spell the end of the rest of your life. Soraya Joslin, P.C. understands your right to a fair trial and will fight to defend your rights in the face of the impending charges. It may take the hard work and dedication of an experienced Weatherford, TX, aggravated assault defense lawyer to ensure you produce the best defense possible. For a free consultation to discuss your case, contact our office at 817-599-7005.