A person could be charged with aggravated assault in Texas if they commit an assault using 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. 

In Texas, assault with a deadly weapon 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. If you are currently facing criminal assault charges, 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. 

What is Assault with a Deadly Weapon in Texas

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:

• Handguns
• Mace
• Blackjacks
• Clubs
• Tomahawks
• Firearms
• Explosive weapons
• Knuckles
• Knives
• Machine guns
• Zip guns
• Hoax bombs
• Short-barreled firearms

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. 

Potential Penalties of a Conviction

To receive a criminal penalty for assault with a deadly weapon, 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:

• A maximum of 99 years of incarceration or life imprisonment, a maximum fine of $10,000, or both, if the prosecutor brings the charge as a first-degree felony
• A maximum of 20 years of incarceration, a maximum fine of $10,000, or both, if the prosecutor brings the charge as a second-degree felony

Talk with a Skilled Criminal Defense Lawyer in Texas Right Away

If you are currently pending criminal charges for assault with a deadly weapon in Texas, it is important that you 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.

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.