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Facing a serious charge like aggravated assault with a deadly weapon in Texas 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, 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.
Being charged for the first time with aggravated assault involving a deadly weapon is treated as a second-degree felony in Texas, carrying a possible sentence of 2 to 20 years in prison and fines reaching $10,000. What makes this charge especially serious is the involvement of a deadly weapon, such as a firearm or knife, which directly influences both the severity of the charge and the punishment range.
Facing a serious charge like aggravated assault with a deadly weapon in Texas 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, 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.
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 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.
If you’re facing aggravated assault with a deadly weapon charges for the first time, understanding how Texas classifies and punishes these offenses is essential. The penalties depend on several factors, including your criminal history, the presence of a deadly weapon, and the identity of the alleged victim. Here’s how the law breaks down:
Aggravated assault with a deadly weapon is most often charged as a second-degree felony in Texas. This classification applies when someone causes serious bodily injury or uses a deadly weapon during an assault, regardless of prior criminal history. Under Texas Penal Code § 22.02, this charge can also be elevated depending on the circumstances of the offense.
A second-degree felony conviction can result in 2 to 20 years in prison and fines of up to $10,000. Even for first-time offenders, Texas courts take these charges seriously, and a conviction can carry life-changing consequences.
Under Texas law, the term “deadly weapon” is interpreted broadly. It includes not only firearms and knives but also objects like vehicles, blunt instruments, or even a person’s hands when used to inflict serious injury, especially in strangulation cases. The presence of any object capable of causing death or serious harm can elevate a simple assault to a felony.
As clarified in a Texas Court of Criminal Appeals opinion, the statute does not limit deadly weapons to obvious items; instead, it includes anything capable of causing death or serious bodily harm based on how it was used in the alleged offense.
In certain situations, a second-degree charge may be enhanced to a first-degree felony. This typically occurs if the alleged victim is a family member, public servant, security officer, or witness in a criminal case. A conviction at this level carries a sentence of 5 to 99 years or life in prison, with the same maximum fine.
When a deadly weapon enhancement is involved, parole eligibility becomes more restrictive. Texas law requires that the individual serve at least half of their sentence or 30 years, whichever is less, before being considered for parole. This rule significantly delays any chance of early release.
Although probation may be available for first-time offenders, eligibility depends heavily on the circumstances of the case. A deadly weapon finding can limit or eliminate the possibility of community supervision, particularly if the incident involved serious injuries or aggravated factors. However, in some cases, alternative sentencing options—like deferred adjudication—may still be on the table with the right legal strategy.
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 following an aggravated assault charge can be incredibly daunting, especially if it’s your first encounter with the criminal justice system. Hire an experienced criminal defense attorney to assist with your case to ease the burden of navigating the legal process.
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.
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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.
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.
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.
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.
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. An experienced Austin criminal defense lawyer can protect your rights and build a strong defense. 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.
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A first-degree felony. Five to 99 years in prison. This is not a charge to navigate without an attorney who has handled these cases in the specific court where yours will be heard.
David White has defended aggravated assault charges in Travis, Williamson, and Hays County courts for 22 years. In one case, the charge was dismissed because GPS data proved our client was not at the location. Real preparation produces real results.
(512) 369-3737 — Free consultation. 24 hours a day.
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