If you are facing an aggravated assault charge in Texas, the consequences can be severe. Under the Texas Penal Code, an aggravated assault is defined as intentionally causing a serious bodily injury to another person. Additionally, you could be facing an aggravated assault charge if you knowingly showed a firearm or knife while involved in an assault on another person.
If you have been arrested and told you were being charged with aggravated assault, you should contact Carter Law immediately. These charges should not be taken lightly, and the long-term consequences of having an aggravated assault on a criminal record are severe.
Legal Definition of Assault In Texas
Texas statutes, specifically Section 22.01 of the Texas Penal Code, defines assault by category. In brief, they are defined by elements of the specific crime. The categories include:
- Simple Assault — generally charged as a misdemeanor, this means that someone knowingly, recklessly, or intentionally caused bodily injury. In some cases, the mere threat of bodily injury can also be charged as simple assault.
- Aggravated assault — this charge may be deemed a misdemeanor or a felony. These charges are typically brought when someone intentionally causes serious bodily injury or when they are committing an assault and displaying a deadly weapon.
- Sexual assault — any non-consensual sexual contact in the state of Texas can be prosecuted as a felony rape charge.
- Assault family violence — anytime an assault is directed towards a family member or someone who is involved with a person in a domestic relationship, there can be a misdemeanor or felony charge lodged against the perpetrator.
- Assault on public servants — any person who assaults a police officer or emergency worker can face enhanced assault charges.
If you are charged with causing bodily injury to another person, you may face a felony or a misdemeanor charge. Assault charges are very serious. Whether you are facing a straight assault charge or an aggravated assault charge, you should contact Carter Law immediately to begin working out a defense.
Simple Assault vs. Aggravated Assault
Simple assault and aggravated assault differences are in the severity of the harm intended or caused. Factors such as having a deadly weapon in your possession at the time of the assault will result in aggravated assault charges. Some of the differentiating factors include:
- Intent: in a simple assault case, the person must have the intention to cause fear of bodily harm. Aggravated assault charges would result if the person intended to cause severe harm, which often includes the use of a weapon.
- Harm: simple assault may result in bruises, minor injuries, or cuts. Aggravated assault generally involves broken bones, life-threatening injuries, or major injuries.
- Circumstances: often, simple assaults occur in domestic disputes, altercations, or bar fights. In general, aggravated assaults can occur when the perpetrator is wielding a weapon, in the process of an armed robbery, or when there is suspected gang activity.
The penalties for simple assault can be fines, probation, community service, and may involve a short jail sentence. In cases of aggravated assault, a person convicted could face a lengthy prison sentence, a permanent criminal record, and substantial fines.
Never try to take on defending yourself against an assault charge, even if you believe you were acting in self-defense. These charges must be taken seriously. Carter Law is here to help if you are facing assault or aggravated assault charges.
When to Contact a Lawyer if You’ve Been Charged with Aggravated Assault
Time is of the essence! Anytime you are facing a criminal charge, the sooner you contact a lawyer, the better. Contacting a lawyer as soon as you learn about an aggravated assault charge allows you the opportunity to explain the circumstances of the assault. Having a lawyer serving as your advocate and your defender can make the difference between an extended jail sentence, steep fines, and getting released on a lesser charge or having the charges dismissed.
Carter Law: Your Advocate for Aggravated Assault Cases in Texas
Being accused of threatening or causing bodily injury can make you feel alone and afraid. When you are facing a serious criminal charge of aggravated assault, time is the most important aspect of defending your name. Whether the charge you are facing is considered a misdemeanor or a felony, you need an experienced criminal defense lawyer on your side.
Contact Carter Law if you are facing aggravated assault charges in Texas. Our legal team can be reached at 713-454-9890, or you can contact us by using ouronline contact form.
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