What is Considered a Deadly Weapon?

When it comes to deadly weapons, the image of a large knife or gun often comes to mind. However, many other tools, devices, and instruments may constitute deadly weapons in Texas. 

If a state prosecutor charges you with assaulting someone with a deadly weapon (an aggravated assault charge), you may be looking at extremely serious criminal penalties upon conviction, including significant jail time. 

Obviously, the best way to avoid serious penalties for a criminal charge is to avoid a conviction in the first place. The skilled Texas criminal defense lawyers at the Law Office of David D. White, PLLC could first meet with you to discuss your charge and determine if you are eligible to advance a strong legal defense to that charge in court. If you are, we could represent you at all legal proceedings in your case, including your criminal jury trial, and advance the appropriate legal defense(s) on your behalf.

If you ultimately sustain a conviction on your charge, we could also represent you at your sentencing hearing before a judge and argue for the lightest possible penalty on your behalf. No matter your circumstances, we can aggressively advocate for you throughout your case and help you pursue the best possible result. 

For a legal consultation with a knowledgeable Texas criminal defense attorney, please contact us for more information. 

Types of Deadly Weapons in Texas

Although guns and knives constitute deadly weapons in Texas, they are not the only deadly weapons. In general, a deadly weapon is any tool or instrument that an individual could use to cause another person to suffer death or serious bodily injury. However, anything that an individual uses to cause severe injury or death could be considered a deadly weapon – assuming the user specifically intends to cause severe injury or death to another person.

For example, although a car or truck is not inherently a deadly weapon, the law may consider it as such if the accused uses a car to intentionally try and run someone over.

Depending upon their use, all of the following items may be a deadly weapon within the State of Texas:

• Baseball bats
• Shoes
• Ropes
• Hands
• Feet
• Large rocks
• Axes

Potential Penalties for a Conviction of Aggravated Assault with a Deadly Weapon 

For a state prosecutor in Texas to obtain a conviction against you, they must first be able to satisfy their legal burden of proof beyond a reasonable doubt. If they are unable to satisfy even one legal element of the underlying offense, your entire criminal charge may be subject to a complete dismissal.

In the event you receive a criminal conviction for aggravated assault with a deadly weapon, a sentencing judge will have to determine the penalties in your case. In most instances, this offense is a second-degree felony, punishable by a maximum of $10,000 in monetary fines and 20 years of incarceration.

If you ultimately sustain a conviction on one of these charges, we could represent you at your sentencing hearing and do everything possible to help you obtain a reduced sentence.

Defenses to Your Criminal Charge

Obviously, the best way to avoid criminal penalties is to avoid incurring a criminal conviction in your case. In response to your criminal charge, we may be able to allege one or more of the following legal defenses on your behalf at trial:

• Alibi
• Mistaken identity
• Lack of intent to cause death or serious bodily harm
• Constitutional violations

By advocating a strong legal defense on your behalf, we could pursue a complete dismissal of your criminal case. 

Contact a Skilled Criminal Defense Lawyer in Texas Right Away

If you are currently pending a criminal charge for aggravated assault with a deadly weapon, it is essential that you retain an experienced attorney to represent you throughout your case right away. At the Law Office of David D. White, PLLC, we could represent you at every stage of your criminal proceedings and work to obtain the best possible result for you – whether that be a complete dismissal of your charge, a favorable plea deal with the state prosecutor, or a reduced penalty upon conviction.

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.