Aggravated Assault: What It Means and What’s at Stake

Charged With Aggravated Assault in Texas? Here’s What You’re Facing

If you’ve been accused of Aggravated Assault in Texas, you’re no longer dealing with a minor offense — you're facing one of the most serious charges short of homicide. It’s a felony, it comes with prison time, and it will leave a permanent mark on your criminal record unless aggressively defended.

In this post, we break down what Aggravated Assault means under Texas law, what qualifies as a Second-Degree Felony, and most importantly, what’s at stake if you don’t hire a skilled attorney near you to fight back.

1. What Is Aggravated Assault Under Texas Law?

According to Texas Penal Code § 22.02(a), a person commits Aggravated Assault when they:

1. Cause serious bodily injury to another, or
2. Use or exhibit a deadly weapon during the commission of an assault.

This means you don’t need both elements — serious injury or weapon use alone is enough to elevate the charge from a misdemeanor to a felony.

For more on how assault offenses are classified, see our companion post: How Assault Charges Are Classified by Texas Courts.

2. What Counts as Serious Bodily Injury?

Defined by Texas Penal Code § 1.07(a)(46), serious bodily injury means:

“Bodily injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Examples Include:

• Broken bones
• Deep stab wounds
• Traumatic head injury
• Gunshot wounds
• Injuries requiring surgery or hospitalization

Any injury requiring medical intervention or long-term recovery can trigger an aggravated assault charge. Your lawyer near you must challenge both the medical evidence and the prosecution’s interpretation of “serious bodily injury.”

3. What Is a Deadly Weapon Under Texas Law?

Texas law defines deadly weapon broadly. It includes firearms, knives, bats, metal objects, or even vehicles — if they’re used in a way that could cause serious harm or death.

Examples of Aggravated Assault with a Deadly Weapon:

• Pointing a gun during an argument
• Swinging a bat or golf club in a fight
• Using a car to intimidate or strike someone
• Assault with a pocketknife or blunt object

Even if the weapon is not used, merely displaying it during the assault can result in a felony charge.

4. Is Aggravated Assault Always a Second-Degree Felony?

Generally, yes. Aggravated Assault is a Second-Degree Felony, punishable by:

• 2 to 20 years in prison
• Up to $10,000 in fines
• Probation (in rare cases)
• Permanent felony record

However, it can be upgraded to a First-Degree Felony if:

• The victim is a family member, public servant, or security officer
• The assault is committed in retaliation against a witness or informant
• The conduct involves domestic violence with a weapon

For those escalated charges, see our in-depth guide: What Makes an Assault Case a Felony in Texas?

5. Common Real-World Examples of Aggravated Assault

In Harris, Fort Bend, and Galveston Counties, we often see charges filed for situations like:

• Road rage incidents where a gun is shown or fired
• Bar fights with broken bottles or pool sticks
• Domestic violence with weapons involved
• Self-defense situations that escalated too far
• Fights where someone suffered a serious injury and went to the hospital

If you're in one of these scenarios, don’t wait. Get an attorney near you involved immediately to assess self-defense, lack of intent, or false allegation defenses.

6. Can Aggravated Assault Be Dismissed or Reduced?

Yes, but only with the help of a strategic and experienced lawyer near you. Common outcomes include:

• Reduction to simple assault or misdemeanor offense
• Dismissal due to lack of evidence or weak witness credibility
• Pretrial diversion (rare in felony cases, but possible)
• Jury trial acquittal with aggressive defense strategy

Your lawyer will examine:

• Medical records
• Weapon use evidence
• Witness consistency
• Police reports and body cam footage
• 911 calls (under Tex. R. Evid. 803(2))

7. How Prosecutors Handle Aggravated Assault in Texas

Prosecutors in Harris County, Fort Bend County, and Galveston County take aggravated assault charges seriously. They often push for:

• Protective orders
• High bond amounts
• Felony enhancements based on prior history
• No probation policies for repeat offenders

The DA’s office may treat you as a danger to the community, even in cases of mutual combat or self-defense.

You need an attorney near you who knows how local prosecutors operate, and how to negotiate reductions or win trials in those courtrooms.

8. The Long-Term Consequences of an Aggravated Assault Conviction

Beyond prison and fines, aggravated assault convictions come with lifelong repercussions:

• Felony record that cannot be expunged or sealed
• Firearm possession ban (state and federal law)
• Loss of professional licenses
• Loss of voting rights (while incarcerated)
• Immigration issues, including removal or denial of citizenship
• Difficulty obtaining housing or employment

These are life-changing consequences — which is why every aggravated assault charge should be met with a proactive, aggressive defense from a lawyer near you.

9. Possible Defenses in Aggravated Assault Cases

A strong criminal defense attorney near you will tailor the defense to the facts of your case. Common legal defenses include:

• Self-defense or defense of others
• No intent to cause serious injury
• Accidental conduct or mistaken identity
• Weapon not used in threatening manner
• False allegations or lack of credible evidence

Don’t assume that if you had a weapon or someone was injured, the case is already lost. In many situations, intent and context are everything.

10. Why You Need an Experienced Attorney Near You Immediately

Aggravated Assault charges are felony-level legal emergencies. If you’re even under investigation — not just arrested — it’s time to contact a criminal defense attorney near you who knows the courts, judges, prosecutors, and pressure points in your county.

At Walker Law Office, we’ve successfully defended hundreds of clients against felony assault charges across Houston, Sugar Land, Galveston, and surrounding areas. We know the courtroom dynamics, the prosecutor playbooks, and how to keep your record clean.

Call Walker Law Office today at (713) 228-2611 or visit https://www.walkerlawhouston.com/contact/ to speak with an experienced attorney near you.

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