Assault with a Deadly Weapon Charges in Texas

Facing Assault with a Deadly Weapon Charges? Here’s What You Need to Know

In Texas, few charges are more serious than Assault with a Deadly Weapon — and few are more misunderstood. Many people assume you have to fire a gun or cause major injury to be charged. But in reality, simply displaying a weapon during an assault can land you in felony court and facing decades in prison.

This article breaks down everything you need to know about Assault with a Deadly Weapon charges under Texas law, including definitions, penalties, examples, and what’s at stake if you don’t act quickly with the help of an experienced attorney near you.

1. What Is Assault with a Deadly Weapon in Texas?

Assault with a Deadly Weapon is a form of Aggravated Assault, governed by Texas Penal Code § 22.02(a)(2), which states:

A person commits aggravated assault if they use or exhibit a deadly weapon during the commission of an assault under § 22.01.

Key Points:

• You don’t have to fire the weapon
• The victim doesn’t have to be injured
• Merely displaying a weapon in a threatening manner is enough

That means the conduct doesn’t have to involve serious bodily harm — the presence and use of the weapon itself triggers the felony charge.

2. What Counts as a Deadly Weapon in Texas?

Texas law defines “deadly weapon” broadly. It includes:

• Firearms (loaded or unloaded)
• Knives, daggers, machetes
• Baseball bats, crowbars, or hammers
• Motor vehicles used as weapons
• Any object used in a way likely to cause death or serious injury

Your lawyer near you must be ready to argue whether the object was truly a weapon based on how it was used — not just what it was.

3. Common Real-World Examples of Assault with a Deadly Weapon

These charges frequently arise in the following scenarios:

• Road Rage Incidents: Displaying or pointing a gun at another driver
• Domestic Disputes: Threatening a partner with a knife or firearm
• Bar Fights: Swinging a pool stick or bottle with intent to harm
• Neighborhood Confrontations: Holding a bat while threatening a neighbor
• Self-Defense Situations: Where police claim excessive force was used

Prosecutors in Harris County and Fort Bend County often treat these cases as high-risk community safety offenses — even when no one is physically injured.

4. What Level of Crime Is Assault with a Deadly Weapon?

Second-Degree Felony (Standard)

• 2 to 20 years in prison
• Up to $10,000 fine

First-Degree Felony (Enhanced Cases)

Under Texas Penal Code § 22.02(b), the charge is enhanced if:

• The assault is committed against a family member
• The assault targets a public servant, security officer, or witness
• The weapon is used in retaliation or while committing another felony

See our companion post Aggravated Assault: What It Means and What’s at Stake (2nd Degree Felony)for more on sentencing ranges and enhancements.

5. How Do Prosecutors Prove Assault with a Deadly Weapon?

Prosecutors must prove that:

1. You committed an assault (bodily injury, threat, or offensive contact), and
2. You used or exhibited a deadly weapon during the incident.

They often rely on:

• 911 recordings (admissible under Tex. R. Evid. 803(2))
• Police body cam footage
• Witness statements
• Weapon recovery and lab testing
• Victim testimony

A skilled attorney near you can challenge how the weapon was used, whether the threat was credible, or whether the “exhibition” was exaggerated.

6. Common Defenses to Assault with a Deadly Weapon

Self-Defense or Defense of Others

Texas law allows use of force — even deadly force — under Penal Code §§ 9.31–9.32, if justified.

No Intent to Threaten

Merely possessing a weapon isn’t a crime — intent to intimidate or cause fear must be proven.

False Allegations

Victims may exaggerate or falsely claim a weapon was used, especially in domestic or custody-related disputes.

Weapon Not “Deadly” by Legal Standard

Your lawyer near you can argue that the item in question was not a “deadly weapon” based on use or context.

7. What Happens After You’re Charged?

Arrest and Bail Hearing

Most Assault with a Deadly Weapon arrests result in immediate jail booking and high bond amounts. A lawyer near youmay request a PR bond or negotiate terms.

Protective Orders

Courts often issue emergency protective orders, especially in domestic situations — restricting your movement, gun rights, and contact with alleged victims.

Indictment and Trial

Felony cases proceed to District Court, where you face a grand jury, pretrial hearings, and possible jury trial (12 jurors).

See What Happens After an Assault Arrest in Galveston County for step-by-step court process breakdowns.

8. Long-Term Consequences of a Conviction

Convictions for Assault with a Deadly Weapon result in:

• Permanent felony record (no expunction or sealing)
• Lifetime firearm ban (federal and state)
• Loss of voting rights during incarceration
• Immigration consequences
• Barrier to employment, housing, and licensing

Even if you avoid prison time through probation, your record is still permanent. Only a highly skilled attorney near you can structure resolutions to minimize this damage.

9. Can the Charge Be Reduced or Dismissed?

Yes — it is possible with the right defense strategy. Your lawyer near you may pursue:

• Reduction to misdemeanor assault
• Pretrial diversion (rare in felony cases)
• Challenge to the deadly weapon element
• Negotiated plea to deferred adjudication (when appropriate)
• Trial defense with expert and legal arguments

Dismissal is more likely when:

• The weapon wasn’t used offensively
• There is conflicting or insufficient evidence
• The threat was exaggerated
• The victim recants or won’t cooperate

10. Why You Need a Criminal Defense Attorney Near You Immediately

Assault with a Deadly Weapon charges are life-altering felonies, and the legal system will not give you the benefit of the doubt — especially if weapons are involved. You need a defense attorney who understands the nuances of deadly weapon law, knows local court practices, and has experience dealing with tactical plea negotiations and trial advocacy.

At Walker Law Office, we defend clients across Harris County, Fort Bend County, Galveston County, and beyond. Whether you need a full trial defense or a way to mitigate your record, we’re here to fight for you.

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

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