Aggravated Assault in Texas | Penal Code 22.02

Aggravated assault is one of the most serious violent crime charges in Texas. Classified as a felony under Texas Penal Code Section 22.02, it carries penalties ranging from 2 to 99 years in prison depending on the circumstances. Unlike simple assault, aggravated assault does not require actual physical injuries — threatening someone while displaying a deadly weapon is enough.

Whether you’ve been arrested, are under investigation, or a loved one is facing charges, this page covers everything you need to know about aggravated assault in Texas: the law, penalties, defenses, the court process, and what to expect.

At Varghese Summersett, our criminal defense attorneys have earned more than 1,600 dismissals and 800+ charge reductions. Our team of 70+ legal professionals includes Board Certified criminal law specialists, former prosecutors, and trial attorneys who have tried hundreds of cases before Texas juries. With offices in Fort Worth, Dallas, Houston, and Southlake, we represent clients across the state.

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What Is Aggravated Assault in Texas?

Aggravated assault under Texas Penal Code Section 22.02 is an assault that is elevated to a felony by the presence of certain aggravating factors. A person commits aggravated assault if they commit an assault as defined under Section 22.01 and they either:

(1) Cause serious bodily injury to another person, or
(2) Use or exhibit a deadly weapon during the commission of the assault.

To fully understand aggravated assault, you first need to understand what constitutes a simple assault. Under Texas Penal Code Section 22.01, a person commits assault if they:

(a) Intentionally, knowingly, or recklessly cause bodily injury to another person, including the person’s spouse;
(b) Intentionally or knowingly threaten another person with imminent bodily injury, including the person’s spouse; or
(c) Intentionally or knowingly cause physical contact with another person when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Any of these three types of simple assault can become aggravated assault when combined with a deadly weapon or serious bodily injury.

Three Types of Aggravated Assault in Texas

Understanding which type of aggravated assault you are charged with is the first step in building a defense. The charging instrument (the indictment) will specify the theory the State intends to pursue.

1. Aggravated Assault With a Deadly Weapon

This is the most commonly charged form of aggravated assault. It occurs when a person uses or exhibits a deadly weapon during an assault. The weapon could be a firearm, knife, bat, vehicle, or any object capable of causing death or serious bodily injury.

The prosecution does not need to prove that the weapon actually caused harm. Simply displaying it during an assault — even during a verbal threat — is enough. This means pointing a gun at someone, brandishing a knife during an argument, or swinging a bat at another person can all result in this charge even if no one is physically injured.

Learn more about aggravated assault with a deadly weapon in Texas.

2. Aggravated Assault Causing Serious Bodily Injury

This charge applies when a person intentionally, knowingly, or recklessly causes serious bodily injury to another person. No weapon is required. A fistfight that results in a fractured skull, for example, or a kick to the head that causes a brain bleed can be charged as aggravated assault causing serious bodily injury.

Under Texas law, “serious bodily injury” means an injury that:

– Creates a substantial risk of death
– Causes death
– Results in serious permanent disfigurement
– Causes protracted loss or impairment of the function of any bodily member or organ

3. Aggravated Assault by Threat With a Deadly Weapon

Because Texas recognizes assault by threat under Penal Code Section 22.01(a)(2), an aggravated assault by threat case can be filed when someone threatens imminent bodily injury while using or exhibiting a deadly weapon.

No physical contact or injury is required for this charge. A person who points a loaded gun at someone during a heated argument and says “I’ll kill you” has committed aggravated assault by threat under Texas law — even if they never pull the trigger.

Bodily Injury vs. Serious Bodily Injury in Texas

The distinction between “bodily injury” and “serious bodily injury” is one of the most important in Texas assault law. It often determines whether someone faces a misdemeanor or a felony — and whether a sentence is measured in months or decades.

Bodily injury, defined in Texas Penal Code Section 1.07(a)(8), means physical pain, illness, or any impairment of physical condition. It is a broad definition that covers everything from a bruise to a broken finger. An assault causing bodily injury is typically a Class A misdemeanor, punishable by up to one year in jail.

Serious bodily injury, defined in Section 1.07(a)(46), is a much higher threshold. It refers to an injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes protracted loss or impairment of a bodily member or organ.

The question of whether an injury qualifies as “serious” is often contested at trial. Prosecutors will present medical records, expert testimony, and photographs to argue that injuries meet the statutory threshold. Defense attorneys challenge these characterizations — arguing, for example, that a broken nose that healed without surgery does not constitute “serious permanent disfigurement.”

Common examples of injuries Texas courts have found to constitute serious bodily injury include: skull fractures, traumatic brain injuries, stab wounds requiring surgery, gunshot wounds, collapsed lungs, broken orbital bones causing vision impairment, and severe internal bleeding.

What Qualifies as a Deadly Weapon in Texas?

Texas law defines a deadly weapon under Penal Code Section 1.07(a)(17) in two ways:

(A) A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Category (A) is straightforward: guns, switchblades, brass knuckles, and similar weapons designed to hurt or kill. Category (B) is far broader and is where most contested deadly weapon findings arise.

Under category (B), Texas courts have found the following items to be deadly weapons depending on the circumstances of their use: motor vehicles, baseball bats, steel-toed boots, rocks, bottles, pit bulls (when used or directed to attack), ropes and cords, boiling water, vehicles driven at a person, and even bare hands and feet when used to cause serious bodily injury.

The key factor is not the object itself but how it was used or intended to be used. A pencil is not normally a deadly weapon. A pencil stabbed into someone’s neck becomes one.

The Deadly Weapon Finding: Even if a person is not charged with aggravated assault, a judge or jury can enter an “affirmative finding” that a deadly weapon was used during the commission of any felony. This deadly weapon finding, entered under Code of Criminal Procedure Article 42A.054, has significant consequences — it limits parole eligibility and can affect plea negotiations. A defendant with a deadly weapon finding must serve at least half of their sentence before becoming eligible for parole.

What Must the Prosecution Prove?

The burden of proof in a criminal case falls entirely on the State. The defendant has no obligation to prove innocence. To convict someone of aggravated assault in Texas, the prosecution must prove each of the following elements beyond a reasonable doubt:

1. The defendant committed an assault as defined under Texas Penal Code Section 22.01. This means the defendant either intentionally, knowingly, or recklessly caused bodily injury to another person; intentionally or knowingly threatened someone with imminent bodily injury; or intentionally or knowingly caused physical contact the defendant knew or should have known would be offensive or provocative.
2. An aggravating factor was present. The State must also prove that the defendant either caused serious bodily injury to another person OR used or exhibited a deadly weapon during the commission of the assault.

The mental state matters. The prosecution must establish the defendant’s culpable mental state. For aggravated assault causing bodily injury or serious bodily injury, the State can prove the defendant acted intentionally, knowingly, or recklessly. For aggravated assault by threat, the State must prove the defendant acted intentionally or knowingly — recklessness is not sufficient for a threat-based assault.

Understanding the mental states:

Intentionally: A person acts with the conscious objective or desire to engage in the conduct or cause the result.
Knowingly: A person is aware that their conduct is reasonably certain to cause the result.
Recklessly: A person is aware of but consciously disregards a substantial and unjustifiable risk that the result will occur.

If the prosecution cannot prove every element beyond a reasonable doubt, the jury must return a not-guilty verdict. A skilled defense attorney targets weaknesses in specific elements — particularly the mental state and the nature of the injury or weapon — to create doubt in the minds of jurors.

Lesser Included Offenses

In any aggravated assault trial, the jury may also consider “lesser included offenses” — charges that are contained within the greater charge but carry lighter penalties. This is important because it gives the jury options beyond an all-or-nothing verdict.

Common lesser included offenses of aggravated assault include:

– Assault causing bodily injury (Class A misdemeanor): The jury may convict on this lesser charge if they find the defendant caused bodily injury but not serious bodily injury, or if they are not convinced a deadly weapon was used.
– Assault by threat (Class C misdemeanor): If the jury finds a threat occurred but no weapon was used and no injury resulted.
– Deadly conduct (Class A misdemeanor or state jail felony): Under Penal Code Section 22.05, recklessly engaging in conduct that places another in imminent danger of serious bodily injury, or knowingly discharging a firearm in the direction of an individual, habitation, building, or vehicle.
– Reckless injury: If the evidence supports recklessness rather than intent, the jury may convict on a reckless assault theory, which may affect the grade of the offense.

Both the prosecution and the defense can request that the judge include lesser included offenses in the jury charge. For the defense, this provides the jury with an alternative to the full aggravated assault conviction. For the prosecution, it guards against a complete acquittal.

What Are the Penalties for Aggravated Assault in Texas?

Second-Degree Felony (Standard)

Aggravated assault is generally classified as a second-degree felony in Texas. The penalties include:

– 2 to 20 years in the Texas Department of Criminal Justice (prison)
– A fine of up to $10,000
– Possible probation (community supervision) in some cases

First-Degree Felony (Enhanced)

Aggravated assault is elevated to a first-degree felony under certain circumstances specified in Section 22.02(b). These include:

– The victim is a public servant acting in an official capacity (police officer, firefighter, EMT, judge, etc.)
– The victim is a witness, informant, or person who reported a crime, and the assault was committed in retaliation
– The victim is a security officer performing official duties
– The offense involves a domestic or dating relationship and the defendant used or exhibited a deadly weapon AND caused serious bodily injury to a current or former spouse, family member, household member, or dating partner
– The defendant is a public servant acting under color of office
– The offense was committed against a person the defendant knew was a pregnant woman
– The victim is an on-duty emergency services worker

A first-degree felony carries:

– 5 to 99 years (or life) in the Texas Department of Criminal Justice
– A fine of up to $10,000

Collateral Consequences

Beyond prison time, an aggravated assault conviction creates consequences that follow you for life:

Permanent felony record: A conviction for aggravated assault cannot be expunged or sealed through nondisclosure in Texas.

Loss of firearm rights: Federal law prohibits anyone convicted of a felony from possessing a firearm. Texas law also prohibits felons from possessing firearms for five years after release from confinement or community supervision, and then only in their home. If the conviction involves family violence, the firearm prohibition is permanent under both state and federal law.

Employment consequences: Many employers conduct background checks. A violent felony conviction can disqualify you from employment in numerous fields including education, healthcare, law enforcement, finance, and government.

Professional licensing: State licensing boards for professions such as law, medicine, nursing, real estate, and accounting may deny, revoke, or suspend a professional license based on a felony conviction.

Housing: Many landlords and housing authorities deny applicants with felony convictions, particularly violent felonies.

Immigration consequences: For non-citizens, aggravated assault is likely an “aggravated felony” or a “crime involving moral turpitude” under federal immigration law. A conviction can result in deportation, denial of naturalization, and permanent inadmissibility to the United States.

Voting rights: In Texas, a person convicted of a felony loses the right to vote while incarcerated, on parole, or on probation. Voting rights are automatically restored upon completion of the sentence.

Child custody and family law: A conviction for aggravated assault — especially one involving family violence — can significantly impact child custody proceedings, protective orders, and divorce outcomes.

Probation for Aggravated Assault in Texas

Whether probation is available depends on the degree of the felony, how the case is resolved, and the defendant’s criminal history.

Judge-Ordered Probation (Deferred Adjudication or Straight Probation): For second-degree felony aggravated assault, a judge may place a defendant on deferred adjudication community supervision for up to 10 years. If the defendant successfully completes the terms, the case is dismissed without a final conviction (though it cannot be sealed). A judge may also grant regular community supervision (straight probation) after a guilty plea.

Jury Probation: Under Code of Criminal Procedure Chapter 42A, a jury may recommend community supervision if the defendant has never been convicted of a felony and the sentence assessed is 10 years or less. However, jury probation is not available if a deadly weapon finding is entered. Because most aggravated assault cases involve a deadly weapon, jury probation is rarely an option in practice.

First-Degree Felony Aggravated Assault: Probation is more difficult to obtain for first-degree aggravated assault. Deferred adjudication is not available for first-degree aggravated assault involving family violence with a deadly weapon under Section 22.02(b)(1). For other first-degree scenarios, judicial deferred adjudication may be possible but judges are often reluctant to grant it.

3g Offense Implications: Aggravated assault is listed as a “3g offense” under Article 42A.054 of the Code of Criminal Procedure. This designation has major consequences: a defendant convicted of a 3g offense is not eligible for judge-ordered community supervision after a trial conviction (only after a plea). Additionally, a defendant must serve at least half of their sentence — or 30 years, whichever is less — before becoming eligible for parole.

How Much Is Bond for Aggravated Assault in Texas?

Bond amounts for aggravated assault vary by county, the circumstances of the case, the defendant’s criminal history, and the judge assigned. Based on an analysis Varghese Summersett completed of over 52,320 bonds in Tarrant County, here is a snapshot of typical bond amounts:

Charge	Cases Analyzed	Average Bond	Most Common Bond
Aggravated Assault with Deadly Weapon	1,158	$35,189	$10,000
Aggravated Assault Causing Serious Bodily Injury	60	$45,608	$15,000
Aggravated Assault (Family/Household with Weapon & SBI)	41	$46,585	$25,000

Bond amounts in other Texas counties — particularly Harris County (Houston), Dallas County, and Bexar County (San Antonio) — may differ significantly. Factors that can increase bond include: prior criminal history, active warrants, prior failures to appear, allegations of family violence, the severity of the injuries, whether a firearm was involved, and whether the defendant is considered a flight risk or danger to the community.

An experienced attorney can file a bond reduction motion under Code of Criminal Procedure Article 17.15 to argue the bond is excessive and should be lowered.

Bond Conditions: Beyond the dollar amount, judges routinely impose conditions of bond in aggravated assault cases, including: GPS ankle monitoring, no-contact orders with the alleged victim, curfews, drug and alcohol testing, surrender of firearms, and travel restrictions. Violating a bond condition can result in the bond being revoked and the defendant being returned to jail.

The Aggravated Assault Court Process in Texas

Understanding the criminal justice process can reduce the anxiety that comes with facing a serious felony charge. Here is what to expect at each stage:

Arrest and Booking: After an arrest for aggravated assault, the defendant is booked into the county jail. Booking includes fingerprinting, photographing, and entering the charge into the system. The defendant will see a magistrate within 48 hours of arrest for a probable cause determination and to be informed of their rights.

Bond and Release: In most cases, a bond amount is set either by a magistrate or according to a pre-set bond schedule. The defendant can post bond through a bail bondsman (typically 10% of the bond amount), a cash bond (the full amount), or a personal recognizance bond (no money required, at the judge’s discretion).

Grand Jury and Indictment: Because aggravated assault is a felony, the case must be presented to a grand jury. The grand jury reviews the evidence and determines whether there is probable cause to formally charge (indict) the defendant. Grand jury proceedings are secret, and the defense does not participate. If the grand jury returns a “true bill,” the case proceeds. A “no bill” means the grand jury declined to indict, and the case is dismissed at that stage.

Arraignment: The defendant appears in court, is formally read the charges, and enters a plea (guilty, not guilty, or no contest).

Pretrial Proceedings: This phase involves discovery (exchange of evidence), pretrial motions (such as motions to suppress evidence or dismiss charges), plea negotiations, and trial preparation. The pretrial phase can last months or even years in complex cases.

Plea Bargain or Trial: The majority of criminal cases in Texas are resolved through plea negotiations. The defense attorney negotiates with the prosecutor for a reduced charge, lighter sentence, or probation. If no agreement is reached, the case proceeds to trial.

Trial: The defendant may choose a jury trial or a bench trial (decided by the judge alone). In a jury trial, the State must convince all 12 jurors of guilt beyond a reasonable doubt. The trial includes jury selection, opening statements, the prosecution’s case-in-chief, the defense’s case, closing arguments, jury deliberation, and the verdict.

Sentencing: If found guilty, the defendant is sentenced either by the jury or the judge, depending on the defendant’s election before trial. The sentencing range depends on the degree of felony.

Appeal: After conviction, the defendant has 30 days to file a notice of appeal. The appellate court reviews the trial record for legal errors but does not retry the case or hear new evidence.

Defenses to Aggravated Assault in Texas

There are several strong defenses that can be raised in aggravated assault cases. The right defense — or combination of defenses — depends on the specific facts of each case.

Self-Defense (Justification): This is the most common defense. Under Texas Penal Code Section 9.31, a person is justified in using force against another when and to the degree they reasonably believe the force is immediately necessary to protect themselves against the other’s use or attempted use of unlawful force.

Under Section 9.32, a person is justified in using deadly force when they reasonably believe it is immediately necessary to protect themselves against the other’s use or attempted use of unlawful deadly force, or to prevent the other’s imminent commission of aggravated kidnapping, murder, sexual assault, aggravated sexual assault, robbery, or aggravated robbery.

Texas is a “stand your ground” state, meaning there is no duty to retreat before using force or deadly force if the person has a right to be present at the location, did not provoke the encounter, and was not engaged in criminal activity.

Defense of Others (Defense of a Third Person): Under Section 9.33, a person is justified in using force or deadly force to protect a third person if they reasonably believe the third person would be justified in using such force to protect themselves, and they reasonably believe their intervention is immediately necessary.

Defense of Property: Under Sections 9.41 and 9.42, Texas allows the use of force to protect property from unlawful interference. Deadly force is permitted in limited circumstances, such as to prevent arson, burglary, robbery, aggravated robbery, theft during the nighttime, or criminal mischief during the nighttime, when the person reasonably believes the force is immediately necessary and that the property cannot be protected by other means.

Duress: Under Section 8.05, duress is a defense when the defendant was compelled to commit the assault because of a threat of imminent death or serious bodily injury to themselves or another person. The threat must have been present and continuous throughout the commission of the offense.

Lack of Intent / Accident: Aggravated assault requires that the defendant acted intentionally, knowingly, or recklessly. If the act was truly accidental — for example, a hunting accident or a car accident — the prosecution may not be able to establish the required mental state. The defense can present evidence that the defendant had no intent to harm and did not consciously disregard a known risk.

Mistaken Identity: In some cases, the wrong person is charged. This is especially common in cases involving poor lighting, chaotic scenes, multiple participants, or delayed reporting. Surveillance video, alibi evidence, cell phone records, and witness inconsistencies can all be used to challenge identification.

False Accusation: Unfortunately, false allegations of aggravated assault are not uncommon, particularly in cases involving family disputes, divorce proceedings, custody battles, or personal vendettas. A thorough investigation can reveal inconsistencies in the accuser’s story, a motive to fabricate, or contradictory physical evidence.

Consent: In limited circumstances, consent may be a defense. For example, in the context of mutual combat or contact sports, participants may have consented to the use of physical force. However, consent is generally not a defense to serious bodily injury.

Constitutional Violations: Evidence obtained in violation of the defendant’s constitutional rights may be suppressed. If police conducted an illegal search or seizure, obtained a confession without Miranda warnings, or violated the defendant’s right to counsel, the resulting evidence may be excluded from trial. Without that evidence, the prosecution may not be able to prove its case.

Aggravated Assault vs. Related Charges in Texas

Aggravated assault is often confused with or charged alongside related offenses. Understanding the distinctions is critical for defense strategy.

Aggravated Assault vs. Simple Assault

Simple assault under Section 22.01 is typically a misdemeanor. It becomes aggravated assault under Section 22.02 when a deadly weapon is used or exhibited, or when serious bodily injury is caused. The key difference is the aggravating factor: without a deadly weapon or serious bodily injury, the offense remains a misdemeanor assault.

Aggravated Assault vs. Deadly Conduct

Deadly conduct (Section 22.05) involves recklessly engaging in conduct that places another in imminent danger of serious bodily injury. Unlike aggravated assault, deadly conduct does not require actual bodily injury or an assault — only reckless conduct that creates danger. Discharging a firearm in the direction of a person or occupied building is a third-degree felony form of deadly conduct.

Aggravated Assault vs. Attempted Murder

The distinction between aggravated assault and attempted murder often comes down to intent. Attempted murder requires specific intent to kill, while aggravated assault requires only intent to cause bodily injury (or recklessness). Prosecutors sometimes charge aggravated assault when they cannot prove intent to kill, even in cases involving serious injuries or firearms.

Aggravated Assault vs. Assault Family Violence

Assault family violence under Section 22.01 is a simple assault involving a family member, household member, or dating partner. When a deadly weapon is used and serious bodily injury is caused in a family violence context, the charge becomes first-degree felony aggravated assault under Section 22.02(b)(1). Family violence allegations also trigger additional consequences including protective orders and federal firearm restrictions under the Lautenberg Amendment.

Aggravated Assault vs. Manslaughter

Manslaughter (Section 19.04) is a second-degree felony involving recklessly causing the death of another person. If a person recklessly causes serious bodily injury that ultimately results in death, the charge may be elevated from aggravated assault to manslaughter or even murder. The line between aggravated assault and manslaughter often depends on whether the victim survived.

Aggravated Assault Involving Specific Victims

Texas law imposes enhanced penalties when certain categories of victims are targeted. Understanding these enhancements is critical because they can transform a second-degree felony into a first-degree felony — dramatically increasing the potential prison sentence.

Aggravated Assault on a Public Servant

Under Section 22.02(b)(2)(B), aggravated assault against a public servant lawfully discharging official duties is a first-degree felony. “Public servant” includes police officers, firefighters, EMTs, judges, prosecutors, correctional officers, and other government employees. The key issue is whether the victim was acting in their official capacity at the time of the offense. An off-duty officer not performing law enforcement duties may not qualify for this enhancement.

Aggravated Assault on a Family Member (Domestic Violence)

Under Section 22.02(b)(1), aggravated assault becomes a first-degree felony when the offense involves family violence AND the defendant used or exhibited a deadly weapon AND caused serious bodily injury. Note that all three elements — family violence relationship, deadly weapon, and serious bodily injury — must be present for the first-degree enhancement. Aggravated assault with a deadly weapon against a family member without serious bodily injury remains a second-degree felony, but the family violence finding itself carries additional consequences.

Aggravated Assault Against a Pregnant Woman

Knowingly committing aggravated assault against a person the defendant knows is pregnant elevates the offense to a first-degree felony under Section 22.02(b)(3).

Aggravated Assault in Retaliation

If the aggravated assault is committed against a witness, informant, or person who has reported a crime, in retaliation for their cooperation with law enforcement or the judicial system, the offense is a first-degree felony under Section 22.02(b)(2)(A).

Real Case Result: Aggravated Assault with Deadly Weapon Dismissed

In a recent case in Tarrant County (Case No. 1825757), our client faced a charge of Aggravated Assault with a Deadly Weapon, a second-degree felony carrying up to 20 years in prison. Attorney Tiffany Burks, a former Deputy Chief prosecutor with over 24 years of trial experience, took on the case and secured a full dismissal.

Past results do not guarantee future outcomes.

Protect your rights and your record. Call (817) 203-2220 to schedule a free consultation with an aggravated assault lawyer.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend you against an aggravated assault charge, you are getting a team that treats every case like it is going to trial. Our attorneys include Board Certified criminal law specialists, former chief prosecutors, and trial lawyers who have collectively tried hundreds of cases before Texas juries.

From the moment you retain us, we investigate your case thoroughly. We review police reports, body camera footage, witness statements, and physical evidence. We identify weaknesses in the prosecution’s case and build a strategy designed to get the best possible outcome, whether that means dismissal, reduction, or acquittal at trial.

With four offices across Texas — Fort Worth, Dallas, Houston, and Southlake — and a team of 70+ legal professionals, we have the resources and experience to handle even the most serious aggravated assault cases anywhere in the state.

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

Frequently Asked Questions About Aggravated Assault in Texas

Can aggravated assault charges be dropped in Texas?

Yes. An experienced defense attorney can present evidence, challenge the prosecution’s case, or negotiate with prosecutors to have charges reduced or dismissed. In many cases, weaknesses in witness testimony, lack of physical evidence, or valid self-defense claims lead to dismissals. However, only the prosecutor or a judge can dismiss charges — the alleged victim cannot “drop” the charges themselves. In Texas, criminal charges are brought by the State, not by the individual.

Is aggravated assault a felony in Texas?

Yes. Aggravated assault is a second-degree felony punishable by 2 to 20 years in prison. It becomes a first-degree felony (5 to 99 years or life) when certain aggravating factors are present, such as the victim being a public servant, the offense involving family violence with a deadly weapon causing serious bodily injury, or the victim being a pregnant woman.

What is the difference between assault and aggravated assault in Texas?

Simple assault under Texas Penal Code 22.01 is typically a misdemeanor. Aggravated assault under Section 22.02 involves either the use or exhibition of a deadly weapon or the infliction of serious bodily injury. This aggravating factor elevates the offense to a felony with significantly harsher penalties. A Class A misdemeanor assault carries up to 1 year in jail; a second-degree felony aggravated assault carries 2 to 20 years in prison.

Can you get probation for aggravated assault in Texas?

It depends on the specific facts of the case, the defendant’s criminal history, and how the case is resolved. A judge may grant deferred adjudication probation for a second-degree felony aggravated assault after a plea. Jury probation is generally not available because aggravated assault is a 3g offense. For first-degree felony aggravated assault, probation is more difficult to obtain but not always impossible. An experienced attorney can advise whether probation is a realistic option in your case.

What is a 3g offense in Texas?

A “3g” offense refers to crimes listed in Article 42A.054 of the Texas Code of Criminal Procedure. Aggravated assault is a 3g offense. This designation means: a defendant cannot receive judge-ordered community supervision after a trial conviction (only after a plea), jury probation is not available if a deadly weapon finding is entered, and the defendant must serve at least half of the sentence before becoming eligible for parole.

What is a deadly weapon finding and how does it affect my case?

A deadly weapon finding is an affirmative determination by the judge or jury that a deadly weapon was used or exhibited during the commission of the offense. This finding is entered in the judgment and reported to the Texas Department of Criminal Justice. It means the defendant must serve at least 50% of their sentence (day-for-day) before becoming parole-eligible, rather than the standard 25%. It also makes jury probation unavailable.

Can I get my aggravated assault conviction expunged?

No. A conviction for aggravated assault cannot be expunged in Texas. It also cannot be sealed through an order of nondisclosure. If the case was resolved through deferred adjudication and you successfully completed probation, the case was technically dismissed — but even deferred adjudication for aggravated assault cannot be sealed under current Texas law because it is a crime of violence. The permanent nature of this conviction is one of the strongest reasons to fight the charge aggressively from the beginning.

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

Under Code of Criminal Procedure Article 12.01, the statute of limitations for aggravated assault is three years from the date of the offense for most cases. However, if the victim was under 17 years old at the time, special rules may extend the limitations period. If an indictment is returned within the limitations period, the prosecution can proceed even if the trial occurs after the period has expired.

Do I need a lawyer for an aggravated assault charge?

Absolutely. Aggravated assault is a serious felony that can result in years or decades in prison and will permanently alter your life. A skilled defense attorney can investigate the facts, identify defenses, negotiate with prosecutors, file critical pretrial motions, and represent you at trial. Without legal representation, you risk facing the full weight of the prosecution with no one protecting your rights.

What should I do if I’ve been arrested for aggravated assault?

Do not make any statements to police beyond identifying yourself. You have the right to remain silent under the Fifth Amendment, and anything you say can and will be used against you. Politely decline to answer questions and immediately request an attorney. Do not discuss the case with anyone — including cellmates, friends, or family members — until you have spoken with your lawyer. Call Varghese Summersett at (817) 203-2220 as soon as possible.

If you have been charged with aggravated assault anywhere in Texas, don’t face these charges alone. The attorneys at Varghese Summersett have the experience, resources, and track record to fight for you. Call (817) 203-2220 today for a free consultation.