Aggravated Assault

Odessa Aggravated Assault Lawyers

In Texas, aggravated assault is a more severe form of assault. It consists of intentionally, knowingly, or recklessly causing serious bodily injury to another person or using or threatening to use a deadly weapon during the incident. 

In Texas, "serious bodily injury" is defined as an injury that creates a substantial risk of death, causes death, or inflicts serious permanent disfigurement or protracted loss/impairment of any bodily member or organ. 

This legal definition reflects the significant harm that can result from an assault, distinguishing aggravated assault from other forms of assault. The determination of what constitutes serious bodily injury is generally made through the evaluation of medical evidence, witness statements, and the overall context of the incident. Understanding this definition is crucial, as it directly impacts the classification of the offense and subsequent legal consequences.

Being accused of aggravated assault is a serious legal matter that requires an experienced and skilled criminal defense lawyer. At Sarabia Law Firm, you can rely on our years of experience defending Texans through all court proceedings. 

Our team of local defenders has earned a reputation for aggressive advocacy in court combined with client honesty and transparency. At our firm, we take you through the entire legal process from start to finish. 

We offer a free consultation with an Odessa aggravated assault attorney. Contact Sarabia Law Firm online or at (432) 224-8036. Serving all of Ector County and Midland.

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Aggravated Assault under the Texas Penal Code

Texas Penal Code §22.02 defines aggravated assault elements that must be proven beyond a reasonable doubt by prosecutors. These elements are encompassed in “intentionally,” “knowingly,” or “recklessly,” as well as in having caused serious bodily injury or in using a deadly weapon. 

Thus, aggravated assault can include incidents such as the following: 

  • Domestic violence incident: A person strikes their partner with a metal object, resulting in serious injuries. The act not only inflicts harm but is committed in the context of a domestic relationship, qualifying as aggravated assault. In some cases, aggravated assault committed against family or household members or a dating partner can be charged as a first-degree felony.
  • Bar fight: During a heated argument in a bar, an individual pulls out a knife and threatens another patron. The use of the weapon elevates the charge from simple assault to aggravated assault.
  • Assault on a public official: An individual physically confronts a police officer with the intent to harm while resisting arrest. This can lead to aggravated assault charges due to the context and nature of the assault.

Texas Aggravated Assault Penalties

Aggravated assault is classified as a second-degree felony in Texas, punishable by a prison sentence of 2 to 20 years and fines of up to $10,000. However, under certain circumstances, it can escalate to a first-degree felony, with penalties of 5 to 99 years in prison and higher fines.

First-Degree Felony Charges for Aggravated Assault

The circumstances under which aggravated assault can be classified as a first-degree felony include:

  • Use of a deadly weapon causing traumatic brain injury or spinal cord damage:  These are cases where the alleged victim suffers irreversible paralysis or a persistent vegetative state. 
  • Mass shootings: These are incidents of shooting multiple victims. 
  • Harm to a public servant: If the aggravated assault is directed against a public servant, such as law enforcement officers, emergency responders, or other officials performing their duties, it can result in a first-degree felony charge. The law recognizes the increased danger posed to individuals in these critical roles.
  • Retaliatory action: If the assault is committed in retaliation against someone for previously reporting or cooperating with law enforcement regarding an unlawful act, the charges may also escalate.
  • Family violence: Causing a serious bodily injury while using a deadly weapon, strangling or suffocating an alleged victim, or having prior family violence convictions can result in first-degree felonies. 
Take the First Step Towards Your Defense
When your future is on the line, we're here to help. Protect your rights by contacting us now for a free consultation: (432) 224-8036.

Why Legal Representation Is Essential in Texas Aggravated Assault

Legal representation is essential in Texas aggravated assault charges due to the severe penalties and complexities involved. When arrested, you need to understand the charges you face. At Sarabia Law Firm, we can explain them, their potential penalties, your options, and the legal process. We can also provide help with jail release.

When we take on a case, our team can thoroughly investigate the facts and circumstances, interview witnesses, gather evidence, and develop a tailored defense strategy. We can expose potential unlawful procedures and other constitutional rights violations that may work in your favor.

As skilled defenders, we can negotiate plea deals or reduced charges, potentially lessening the impact of a conviction. If your case proceeds to trial, we prepare thoroughly, including readying you for testimony, cross-examining witnesses, and presenting information and evidence to juries. 

Navigating the criminal justice system is not easy. It can be stressful and uncertain. However, with a legal professional by your side, you will have a better chance of meeting its demands and raising your chances of a favorable outcome. 

Arrange for a free case review with an Odessa aggravated assault attorney by contacting us at (432) 224-8036

Why Clients Choose Sarabia Law Firm

What Sets Our Team Apart?
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  • Straightforward and Honest Representation
    At our firm, we prioritize transparency. Our goal is to equip you with the clear and actionable advice you need to navigate your legal challenges effectively.
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