Aggravated assault is one of the most serious violent crime charges you can face in Denton County. If convicted, you could spend years in state prison and carry a felony record for the rest of your life. The good news is that many aggravated assault cases can be fought successfully with the right legal strategy.
At Varghese Summersett, our criminal defense attorneys have secured dismissals and charge reductions in aggravated assault cases across Texas, including Denton County. We understand the fear and uncertainty you’re facing right now. A felony conviction could cost you your job, your freedom, and your future. But with experienced representation, there are often strong defenses available that can lead to reduced charges or even dismissal.
What Questions Do People Have About Aggravated Assault Charges?
When someone is arrested for aggravated assault in Denton County, they usually have urgent questions. How much prison time am I facing? Will I have to post bond? Can this charge be reduced or dismissed? Is self-defense a valid argument? These are all questions we can help answer during a free consultation.
Many people don’t realize that the circumstances of their arrest could lead to a strong defense. Witnesses may have given inaccurate statements. The alleged victim may have exaggerated the threat or injury. In some cases, the defendant was actually acting in self-defense or defense of others. Understanding your specific situation is the first step toward building an effective defense strategy.
If you’ve been charged with aggravated assault in Denton County, time matters. Evidence can disappear, witnesses’ memories fade, and prosecutors move quickly to build their case. Schedule a free consultation with one of our Denton County criminal defense attorneys as soon as possible to protect your rights.
What Aggravated Assault Means Under Texas Law
Texas treats aggravated assault as a more serious offense than simple assault. Under Texas Penal Code § 22.02, aggravated assault occurs when a person commits assault as defined under Section 22.01 and either causes serious bodily injury to another person, or uses or exhibits a deadly weapon during the commission of the assault.
This means prosecutors must prove two things. First, they must show you committed an assault by intentionally, knowingly, or recklessly causing bodily injury to another person, or by threatening someone with imminent bodily injury, or by causing physical contact that you knew or should have known would be offensive or provocative. Second, they must prove either that you caused serious bodily injury or that you used or exhibited a deadly weapon.
The law defines “serious bodily injury” as injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss or impairment of a bodily member or organ. A “deadly weapon” includes firearms, knives, and any object capable of causing death or serious bodily injury when used in the manner intended. Texas courts have classified everything from cars to baseball bats as deadly weapons depending on how they were used.
Penalties for Aggravated Assault in Texas
The penalties for aggravated assault depend on the specific circumstances of your case. Texas law classifies most aggravated assault offenses as second-degree felonies, but certain factors can elevate the charge to a first-degree felony.
Second-degree felony (most common):
- 2 to 20 years in state prison
- Fine up to $10,000
- Permanent felony record
First-degree felony (enhanced circumstances):
- 5 to 99 years or life in state prison
- Fine up to $10,000
- Permanent felony record
Under Texas Penal Code § 22.02(b), aggravated assault becomes a first-degree felony when the offense is committed against a family member, household member, or dating partner using a deadly weapon that causes serious bodily injury. It’s also a first-degree felony when committed against a public servant acting in their official capacity, a security officer performing duties, a witness or informant in retaliation for their testimony, or when the defendant discharges a firearm from a motor vehicle at a habitation, building, or vehicle and causes serious bodily injury.
Collateral Consequences of an Aggravated Assault Conviction
Beyond prison time and fines, a felony aggravated assault conviction creates lasting consequences that can affect every area of your life. You will lose your right to possess firearms under both Texas and federal law. Many employers conduct background checks and refuse to hire applicants with violent felony convictions. Professional licenses in healthcare, education, law enforcement, and many other fields may be revoked or denied.
If you’re not a U.S. citizen, an aggravated assault conviction can result in deportation and make you inadmissible for future immigration benefits. The conviction can also affect child custody proceedings, as courts consider criminal history when determining the best interests of the child. Housing applications may be denied, as many landlords screen for felony convictions.
What to Expect for Bond in Aggravated Assault Cases
Bond amounts for aggravated assault charges in North Texas can be substantial. Based on our analysis of over 52,000 bonds set in Tarrant County (a neighboring jurisdiction with similar practices), the most common bond for aggravated assault with a deadly weapon under Texas Penal Code § 22.02(a)(2) was $10,000, though the average bond was significantly higher at approximately $35,000.
For aggravated assault causing serious bodily injury under Texas Penal Code § 22.02(a)(1), the most common bond was $15,000, with an average around $45,000. When the offense involves a family member or household member with a deadly weapon and serious bodily injury, bonds were typically set at $25,000 or higher.
Several factors affect the bond amount a judge will set. These include your criminal history, the severity of the alleged injuries, whether a weapon was used, your ties to the community, flight risk, and whether the alleged victim was a family member or public servant. Having an attorney argue for reasonable bond at your magistration hearing can make a significant difference.
How We Fight Aggravated Assault Charges
Every aggravated assault case is different, and the best defense strategy depends on the specific facts and circumstances. Our attorneys thoroughly investigate every aspect of your case to identify weaknesses in the prosecution’s evidence and develop the strongest possible defense.
Self-Defense and Defense of Others
Texas law recognizes the right to use force, including deadly force in certain circumstances, to protect yourself or others from harm. Under Texas Penal Code § 9.31, you’re justified in using force against another when you reasonably believe force is immediately necessary to protect yourself against the other person’s use or attempted use of unlawful force. If we can show you were acting in self-defense, the charges may be dismissed or you may be acquitted at trial.
Challenging the “Deadly Weapon” Allegation
Prosecutors often try to classify ordinary objects as deadly weapons to elevate assault charges. We challenge whether the object was actually used in a manner capable of causing death or serious bodily injury. The prosecution must prove beyond a reasonable doubt that the item was a deadly weapon as used, not just that it could theoretically cause harm.
Disputing Serious Bodily Injury
The difference between simple assault and aggravated assault often comes down to whether the injury qualifies as “serious bodily injury.” We work with medical experts to evaluate whether the injuries actually meet the legal definition. If the injuries don’t rise to that level, the charge may be reduced to a misdemeanor assault.
Questioning Witness Credibility and Identification
Witness statements and identifications are not always reliable. People make mistakes, especially in chaotic situations. We examine witness accounts for inconsistencies, bias, and factors that may have affected their ability to accurately perceive and recall events.
Don’t wait to speak with an attorney. Our team has secured dismissals in aggravated assault cases throughout Texas. Talk to a lawyer before you speak to police about your case.
Case Results: Aggravated Assault Defense
Our attorneys have achieved favorable outcomes in numerous aggravated assault cases. While past results don’t guarantee future outcomes, these cases demonstrate our experience and commitment to fighting for our clients.
In one Denton County case, our client faced a particularly difficult set of second-degree felony charges for aggravated assault with a deadly weapon. Through skilled negotiation and presentation of mitigating circumstances, attorney Ashley Feldt secured a plea to a Class A misdemeanor, with 24 months of community supervision. This result avoided prison time and preserved the client’s opportunity to eventually seal the record.
In another case, our client was charged with aggravated assault with a deadly weapon. Attorney Tiffany Burks thoroughly investigated the circumstances and challenged the prosecution’s evidence. The result: the case was dismissed.
We’ve also achieved dismissals in aggravated assault cases through mental health diversion programs when appropriate. In one case, attorney Tiffany Burks helped a client facing aggravated assault with a deadly weapon get accepted into a mental health diversion program, resulting in dismissal of the charges.
What Happens After an Arrest for Aggravated Assault
Understanding the criminal court process can help reduce anxiety during an already stressful time. Here’s what to expect if you’re arrested for aggravated assault in Denton County.
Booking and Magistration
After arrest, you’ll be booked at the Denton County Jail. At your magistration hearing, a judge will inform you of the charges against you and set bail. This typically happens within 24 to 48 hours of arrest. Having an attorney present at this hearing can help secure a lower bond amount.
Grand Jury Review
Because aggravated assault is a felony, your case must be presented to a grand jury before formal prosecution can proceed. The grand jury reviews the evidence and decides whether there is probable cause to indict. In some cases, we can present evidence to the grand jury that results in a “no bill,” meaning they decline to indict and the case is dismissed.
Arraignment and Discovery
If indicted, you’ll be arraigned on the charges. Your attorney will then receive discovery materials, including police reports, witness statements, and any physical evidence. This is when we begin building your defense strategy based on the specific evidence in your case.
Pretrial Negotiations
Many cases are resolved through negotiation before trial. We may be able to get charges reduced or dismissed based on weaknesses in the evidence, mitigating circumstances, or the availability of diversion programs. We keep you informed throughout this process and never pressure you to accept a plea offer.
Trial
If negotiations don’t result in an acceptable resolution, we’re prepared to take your case to trial. Our attorneys have extensive trial experience and aren’t afraid to fight for you in front of a jury. In fact, prosecutors often offer better deals when they know defense counsel is willing and able to go to trial.
What to Expect From Varghese Summersett
When you hire our firm to represent you on an aggravated assault charge, you get a team of over 70 legal professionals working on your behalf. We have offices in Fort Worth, Dallas, Houston, and Southlake, and we regularly handle cases in Denton County and throughout North Texas.
Our criminal defense team has secured more than 1,600 dismissals and 800 charge reductions. We have board-certified specialists in criminal law who understand how to effectively challenge the prosecution’s case. From the moment you hire us, we begin investigating your case, gathering evidence, and developing your defense strategy.
We understand what’s at stake. An aggravated assault conviction means prison time, a permanent felony record, and consequences that follow you for the rest of your life. That’s why we fight aggressively for every client, whether that means negotiating a favorable plea agreement or taking the case to trial.
Protect your rights and your record. Schedule a free consultation with our Denton County criminal defense team today.
Frequently Asked Questions About Aggravated Assault in Denton County
Can aggravated assault charges be dropped?
Yes, aggravated assault charges can be dropped or dismissed. The prosecution may dismiss charges if there’s insufficient evidence, if key witnesses become unavailable, or if defense counsel successfully challenges the evidence through pretrial motions. We’ve achieved dismissals in aggravated assault cases through strategic defense work and negotiation with prosecutors.
What’s the difference between assault and aggravated assault?
Simple assault is typically a misdemeanor, while aggravated assault is a felony. The key differences are the severity of injury and the use of weapons. Assault becomes “aggravated” when the defendant causes serious bodily injury or uses or exhibits a deadly weapon during the offense. This distinction can mean the difference between months in jail and decades in prison.
Is aggravated assault a felony in Texas?
Yes. Aggravated assault is typically a second-degree felony, punishable by 2 to 20 years in prison and fines up to $10,000. Certain circumstances elevate it to a first-degree felony with potential sentences of 5 to 99 years or life imprisonment.
Can I get probation for aggravated assault?
Probation (community supervision) is possible in some aggravated assault cases, depending on the circumstances and your criminal history. If you have no prior felony convictions and the case involves mitigating factors, the judge may grant probation instead of prison time. Deferred adjudication may also be available in some cases, which could eventually allow you to seal your record.
Should I talk to the police about my aggravated assault charge?
No. You have the right to remain silent, and you should exercise that right until you have an attorney present. Anything you say to police can be used against you in court. Even if you believe you acted in self-defense, let your attorney communicate with law enforcement on your behalf.
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Get Help With Your Aggravated Assault Case Today
An aggravated assault charge is a serious matter that requires experienced legal representation. At Varghese Summersett, we have the knowledge, resources, and track record to fight effectively for your rights and your future. Our attorneys regularly practice in Denton County courts and understand how local prosecutors handle these cases.
Don’t face these charges alone. Call (940) 252-2220 today to schedule a free consultation with one of our Denton County aggravated assault defense attorneys. We’ll review the facts of your case, explain your options, and begin building your defense strategy immediately.
