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A person could be charged with aggravated assault in Texas if they commit an Assault with a Deadly Weapon, or if they commit an assault that results in serious bodily injury to another person. Pursuant to the Texas statute, “deadly weapons” are not just limited to guns and knives. Rather, other objects, such as a club or mace, qualify as deadly weapons.
Aggravated Assault with a Deadly Weapon in Texas is a felony charge. Therefore, if the state prosecutor is able to satisfy their legal burden, and they ultimately sustain a conviction against you, they will likely pursue high monetary fines and a lengthy prison sentence. Suppose you are currently facing criminal assault charges. In that case, it is important that you have an experienced attorney on your side fighting for you and advocating for your legal rights every step of the way.
The experienced Texas criminal defense lawyers at the Law Office of David D. White, PLLC can help defend you against your criminal assault charge by formulating a strong legal defense on your behalf or working with the state prosecutor to negotiate a favorable plea deal. We will ensure that your legal rights remain protected while your criminal case is pending and will do everything possible to help you achieve a favorable result in your criminal case.
For a consultation with an Austin criminal defense attorney, please connect with our office as soon as possible.
Assault with a deadly weapon has a very specific definition under the Texas Penal Code. For starters, an ordinary assault occurs when a person recklessly, knowingly, or intentionally causes bodily injury to another person (even the accused’s spouse) or if they knowingly or intentionally threaten the other person with imminent bodily harm.
An assault also occurs when the accused knowingly or intentionally brings about some type of physical contact with another individual, and the accused knows (or reasonably should know) that the other individual will view the contact as provocative or offensive.
A person commits an act of aggravated assault when they exhibit or use a deadly weapon while committing the assault – or if the assault causes grievous bodily harm to another person.
“Deadly weapons” also have a very specific definition within the Texas Penal Code. Deadly weapons include any of the following:
In most situations, an assault that involves a deadly weapon is a second-degree felony. However, in some situations, a state prosecutor may bring the charge as a first-degree felony, such as where the assault involves a household member, dating partner, or family member; the accused uses a deadly weapon during the assault; and the alleged victim suffers a serious injury.
To receive a criminal penalty for Aggravated Assault with a Deadly Weapon in Texas, the Texas state prosecutor handling your claim must first satisfy their legal burden beyond a reasonable doubt. If they are unable to satisfy that high burden at trial, they will not be able to secure a conviction against you, and your charge may be subject to a complete dismissal. If they are able to obtain a conviction against you, a criminal court judge could sentence you to either of the following:
“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
David D. White
Austin Criminal Defense Lawyer
If you are currently pending criminal charges for assault with a deadly weapon, you must have skilled legal counsel representing you as quickly as possible. Showing up to your court hearing without a lawyer can immediately jeopardize your case and your future.
Our Criminal Defense Attorneys at the Law Office of David D. White, PLLC, we can enter an appearance on your behalf right away and aggressively advocate for you at all legal proceedings in your case. We could also answer all of your legal questions and help you make informed and intelligent decisions throughout your case.
For a free case evaluation and legal consultation with a knowledgeable Texas criminal defense attorney, please call us at 512-369-3737 or contact us online to learn more.
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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions