Odessa Aggravated Assault Lawyers

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.