Dallas Aggravated Assault Defense | PC 22.02

Aggravated assault is a second-degree felony in Texas that carries 2 to 20 years in prison, even for a first offense. If you or someone you love is facing this charge in Dallas, you need a criminal defense lawyer who knows how to fight it. The Dallas criminal defense attorneys at Varghese Summersett have the experience and track record to protect your future.

Under Texas Penal Code Section 22.02, you can be charged with aggravated assault even if no one is physically injured. Simply pointing a gun, knife, or other deadly weapon at someone while making a threat is enough. That means the stakes are high from the moment you are arrested.

At Varghese Summersett, our team of more than 70 attorneys and legal professionals includes Board Certified criminal law specialists, former prosecutors, and trial lawyers who have secured more than 1,600 dismissals and 800 charge reductions. We have four offices across Texas, including Dallas, and we know the Dallas County courts inside and out. When your freedom is on the line, that experience matters.

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What Is Aggravated Assault Under Texas Law?

Texas Penal Code Section 22.02 defines aggravated assault in two ways. A person commits this offense by:

1. Intentionally, knowingly, or recklessly causing serious bodily injury to another person, or

2. Using or exhibiting a deadly weapon during the commission of any assault, including threatening someone with bodily injury or engaging in conduct the victim would likely find offensive.

The second definition is what most people know as “aggravated assault with a deadly weapon.” The key point is that no one has to be hurt for you to face this charge. Brandishing a weapon while making a threat is enough to be arrested and charged with a second-degree felony.

What Are the Legal Elements the State Must Prove?

To convict you of aggravated assault in Dallas, the prosecution must prove every element of the offense beyond a reasonable doubt. This is the highest standard of proof in the legal system, and the burden falls entirely on the State. You do not have to prove your innocence.

For aggravated assault causing serious bodily injury, the State must prove that you (1) intentionally, knowingly, or recklessly (2) caused serious bodily injury (3) to another person. For aggravated assault with a deadly weapon, the State must prove that you (1) committed an assault (by causing bodily injury, threatening bodily injury, or engaging in offensive contact) and (2) used or exhibited a deadly weapon during the commission of that assault.

A skilled defense attorney challenges these elements individually. If the State cannot prove even one element, you cannot be convicted. For example, the defense may argue that the weapon does not meet the legal definition of “deadly,” that the injury was not “serious bodily injury,” or that you did not act intentionally.

What Is Considered a Deadly Weapon in Texas?

Texas law defines a deadly weapon broadly. It includes any firearm and anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. This means objects you might not think of as weapons can qualify. Courts have treated cars, knives, bats, boots, and even bare hands as deadly weapons depending on how they were used.

If you are charged with aggravated assault involving a vehicle, your car could be classified as a deadly weapon. This classification carries additional consequences, including a “deadly weapon finding” in your judgment that affects parole eligibility. Talk to a Dallas aggravated assault lawyer before making any decisions about your case.

What Is the Difference Between Serious Bodily Injury and Bodily Injury?

The distinction between these two terms determines whether you face a felony or a misdemeanor. “Bodily injury” means any physical pain, illness, or impairment. Bruises, scrapes, or minor cuts typically qualify. An assault causing bodily injury is usually a Class A misdemeanor.

“Serious bodily injury” is a much higher threshold. It means an injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes the protracted loss or impairment of any bodily organ or member. Think broken bones, stab wounds, traumatic brain injuries, or injuries requiring surgery. When serious bodily injury is involved, the charge jumps to aggravated assault, a second-degree felony.

What Is the Punishment for Aggravated Assault in Dallas?

Aggravated assault is typically a second-degree felony punishable by 2 to 20 years in the Texas Department of Criminal Justice and a fine of up to $10,000. However, probation is possible in many cases, particularly for first-time offenders.

The charge can be elevated to a first-degree felony (5 to 99 years or life in prison) if the assault involves a domestic or dating partner and a deadly weapon that causes serious bodily injury, if the victim is a public servant or security officer acting in an official capacity, if the defendant is a public servant acting under color of office, or if the defendant fires a weapon from a motor vehicle recklessly at a building or vehicle causing serious bodily injury.

Typical Bond Amounts for Aggravated Assault in Dallas County

Based on an analysis Varghese Summersett completed of over 64,000 bonds in Dallas County:

Charge	Cases Analyzed	Average Bond	Most Common Bond
Agg Assault with Deadly Weapon	1,951	$63,306	$25,000
Agg Assault Causing Serious Bodily Injury	126	$53,359	$50,000
Agg Assault Family/Household with Weapon & SBI	92	$102,897	$50,000
Agg Assault Against Public Servant	35	$145,171	$100,000

Bond amounts depend on your criminal history, the specific facts of your case, and the judge assigned to your case. Learn more about Dallas County bail bonds and the factors that affect bond amounts.

What Is the Difference Between Probation and Deferred Adjudication?

Even in an aggravated assault case, probation may be an option. There are two types, and the difference is significant for your long-term record.

Regular (straight) probation means you plead guilty or are found guilty, and the judge suspends your prison sentence. You must complete the terms of probation, which typically include monthly meetings with a Dallas County probation officer, monthly fees, and drug and alcohol testing. A conviction remains on your record.

Deferred adjudication probation is different. After a guilty plea, the judge delays a finding of guilt and places you on probation. If you successfully complete all the terms, the case is dismissed. There is no final conviction, and you may be eligible for a nondisclosure order that seals the record from public view.

When a deadly weapon is used in the assault, the chances of either type of probation decrease. Your Dallas aggravated assault lawyer can evaluate your case and explain which options may be available to you.

Can an Aggravated Assault Charge Be Reduced?

Yes. In some cases, an aggravated assault charge can be reduced to a misdemeanor. This happens when the Dallas County prosecutor cannot prove the aggravating element (the deadly weapon or serious bodily injury), or when your attorney negotiates a plea to a lesser charge.

Common reductions include a plea to misdemeanor assault or disorderly conduct. Misdemeanor assault requires proof that you caused bodily injury, threatened bodily injury, or made offensive physical contact. Disorderly conduct may apply when there was a mutual fight in a public place or other offensive behavior.

A reduction from a felony to a misdemeanor can be life-changing. It can mean the difference between prison time and probation, and it dramatically reduces the long-term impact on your employment, housing, and gun rights. If you are facing an aggravated assault charge, call 214-903-4000 to schedule a free consultation with a Dallas aggravated assault lawyer.

What Are the Defenses to Aggravated Assault in Texas?

Self-defense is the most common defense to aggravated assault in Dallas. Under Texas law, you have the right to use force, including deadly force, to protect yourself from another person’s use or attempted use of unlawful force. However, your response must be reasonable and immediately necessary under the circumstances.

Other defenses your attorney may raise include defense of others (you acted to protect a third person from imminent harm), defense of property (under limited circumstances defined by Texas law), lack of intent (you did not act intentionally, knowingly, or recklessly), the object was not a deadly weapon (the State cannot prove the item qualifies as a deadly weapon under the law), and the injury was not “serious bodily injury” (the evidence does not meet the statutory threshold).

Your defense strategy depends entirely on the facts of your case. The attorneys at Varghese Summersett will review the evidence, including police reports, witness statements, medical records, and surveillance footage, to identify the strongest defense available.

How Varghese Summersett Fights Aggravated Assault Cases

Varghese Summersett has secured dismissals and no-bills in 28 aggravated assault with a deadly weapon cases and 4 aggravated assault causing serious bodily injury cases. In one case, the firm’s defense team secured a dismissal of an aggravated assault with a deadly weapon charge after building a defense that challenged the State’s evidence. Past results do not guarantee future outcomes.

Our approach to every aggravated assault case starts with an exhaustive review of the evidence. We examine the 911 call, body camera footage, witness credibility, forensic evidence, and the alleged victim’s prior statements for inconsistencies. We retain expert witnesses when needed and prepare every case as if it is going to trial, even while pursuing favorable negotiations.

What to Expect From Varghese Summersett

When you hire Varghese Summersett, you get a team, not just one attorney. Our criminal defense division includes former prosecutors who understand how the Dallas County District Attorney’s Office evaluates and prosecutes aggravated assault cases. We use that knowledge to anticipate the State’s strategy and build a stronger defense.

From your first consultation, we will explain the charges, the potential consequences, and your options in plain terms. We handle communication with prosecutors, file motions to suppress illegally obtained evidence, and fight for the best possible outcome, whether that means a dismissal, a charge reduction, or an acquittal at trial. You will have direct access to your attorney and receive regular updates on your case.

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Watch: How Do You Beat an Aggravated Assault Charge in Texas?

Frequently Asked Questions About Aggravated Assault in Dallas

Can aggravated assault charges be dropped in Dallas?

Yes. Aggravated assault charges can be dismissed if the evidence is insufficient, if the alleged victim recants, or if your attorney successfully challenges the State’s case through pretrial motions. However, only the Dallas County prosecutor can decide to drop charges. The alleged victim cannot “drop” them.

Is aggravated assault a felony or misdemeanor in Texas?

Aggravated assault is a felony in Texas. It is typically charged as a second-degree felony carrying 2 to 20 years in prison. In certain circumstances, such as when a domestic partner is involved and a deadly weapon causes serious bodily injury, it can be charged as a first-degree felony with a punishment range of 5 to 99 years or life.

What is the statute of limitations for aggravated assault in Texas?

The statute of limitations for aggravated assault in Texas is generally three years from the date of the offense. This means the State must file charges within that time frame. There are limited exceptions that can extend this period.

Will I lose my gun rights if convicted of aggravated assault?

Yes. A felony conviction in Texas prohibits you from possessing a firearm. Under federal law, you cannot possess a firearm if convicted of a felony. Even a domestic violence misdemeanor can trigger a federal firearms prohibition. This is one more reason to fight the charge aggressively.

How much does a Dallas aggravated assault lawyer cost?

Attorney fees vary based on the complexity of the case, the severity of the charges, and whether the case goes to trial. At Varghese Summersett, we offer free consultations so you can understand your options before making any financial commitment. Call 214-903-4000 to speak with an attorney today.

If you or someone you love is facing an aggravated assault charge in Dallas, do not wait. The earlier you involve an experienced defense attorney, the more options you have. Call Varghese Summersett at 214-903-4000 for a free consultation. We are available 24/7.