Facing a serious charge like aggravated assault with a deadly weapon can be overwhelming, especially in the state of Texas, with notoriously harsh prosecutors and judges. If you or a loved one are charged with aggravated assault with a deadly weapon, your first step should always be to contact an experienced criminal defense attorney to support you. At the Law Office of David D. White, PLLC: Austin Criminal Lawyer, our attorneys have over 35 years of combined experience fighting for those accused of serious charges like aggravated assault with a deadly weapon. We have experience negotiating with even the toughest prosecutors and judges in Texas, and we will provide a skillful, tailored defense for your unique case. 

What Is Aggravated Assault with a Deadly Weapon?

In Texas, aggravated assault with a deadly weapon occurs when someone intentionally causes serious bodily injury to another or uses a deadly weapon during an assault. Under Texas Penal Code § 22.02, a “deadly weapon” can be anything from a firearm or knife to a vehicle or an object that could cause significant harm if used in a certain way. District Attorney’s Offices are trending toward classifying a person’s hands as deadly weapons in Assault Family Violence cases involving strangulation.  Since Texas law defines a deadly weapon in broad terms, even objects not typically considered weapons could be used to enhance an assault charge. At the Law Office of David White, the first step we take in preparing an effective defense for your case is to ensure that you understand the nature of your charges, especially if you’re a first-time offender.

Penalties for First-Time Offenders

For first-time offenders, aggravated assault with a deadly weapon is typically classified as a second-degree felony, with a potential prison sentence of 2 to 20 years and fines of up to $10,000. In more severe cases, the charge may be enhanced to a first-degree felony, resulting in 5 to 99 years, or life in prison.

Defending Against Aggravated Assault Charges

Every aggravated assault case is unique, and crafting a defense requires examining the specific circumstances of your case. Were you acting in self-defense? Is there a question about whether the weapon truly qualifies as a “deadly weapon” under Texas law?  Is the alleged injury insufficiently severe to classify it as “serious?”

The defense strategy used by your attorney will typically involve gathering evidence, interviewing witnesses, and analyzing police reports to challenge the prosecution’s case. With any criminal defense strategy, the ultimate goal is to create a strong defense that questions every aspect of the charges against you.

The Legal Process

The legal process following an aggravated assault charge can be incredibly daunting, especially if it’s your first encounter with the criminal justice system. To ease the burden of navigating the legal process, hire an experienced criminal defense attorney to assist with your case. 

After you are arrested on suspicion of aggravated assault with a deadly weapon, your case will go through several stages, starting with arraignment. This is where you’ll be formally charged and asked to enter a plea, typically of either guilty or not guilty. Next your case will undergo pre-trial hearings, where there’s an opportunity to file motions, like motions to suppress evidence or even to dismiss charges. If your case remains unresolved after pre-trial hearings and reaches trial, both sides will present their arguments, and ultimately, a judge or jury will decide the outcome.

Each step in this process can feel overwhelming, but having someone who truly understands the system by your side can make all the difference. Without the right guidance, it’s easy to feel lost or unsure about what to do next. If you are charged with aggravated assault with a deadly weapon in Texas, the best decision you can make is to hire an experienced criminal defense attorney.

Long-Term Consequences of a Conviction

A conviction for aggravated assault with a deadly weapon has long-term consequences that can follow you for years. In Texas, a felony conviction can strip you of certain rights, such as the right to vote, own a firearm, or hold specific professional licenses. Additionally, having a felony on your record can make it difficult to secure employment, rent an apartment, or pursue certain career opportunities. However, the defense strategy used can make or break the outcome of your case. Be sure to hire a licensed criminal defense attorney with experience defending against serious charges like aggravated assault with a deadly weapon to ensure the best possible outcome for your case. At the Law Office of David White, our attorneys have over 35 years of combined experience in defending against serious assault charges in Texas.

Frequently Asked Questions

Can a First-Time Offender Avoid Jail?

Yes, depending on the circumstances of the case, a first-time offender can avoid jail time. Probation, community service, or deferred adjudication might be options presented by the prosecutor depending on the facts of your case. While dismissal or deferred adjudication is never guaranteed, we always work to ensure that you receive the best outcome possible.

What Is a Deadly Weapon in Texas?

In Texas, a deadly weapon is defined as anything capable of causing death or serious bodily injury. This includes firearms, knives, vehicles, or even ordinary objects like a baseball bat if used dangerously. The Texas Department of Public Safety provides guidelines on what constitutes a deadly weapon here.

How Can a Lawyer Help?

There may be some situations where it makes sense to represent yourself in court, but being charged with aggravated assault with a deadly weapon is not one of them. If you’re charged with aggravated assault with a deadly weapon, an experienced attorney will provide you with legal guidance, go over any evidence against you, and negotiate with prosecutors on your behalf. By hiring an attorney, the burden of preparing a defense is lifted off of your shoulders, which will alleviate some of the stress and uncertainty that comes with facing a serious criminal charge. At the Law Office of David D. White: Austin Criminal Lawyer our mission is to craft a personalized, effective defense for every case we get.

Contact our Austin Criminal Defense Lawyers for a Free Consultation Today

If you or someone you know is facing an aggravated assault with a deadly weapon charge in Texas, don’t wait to seek legal help.. We are here to assist with your criminal case every step of the way. Contact us today for a free consultation to discuss your case and explore your options.