Collin County Aggravated Assault Lawyer
Aggravated assault is not only one of the more common offenses in Texas, it’s also one of the more serious. Aggravated assault is a felony that can result in harsh penalties, including prison time and a permanent record.
If you have been accused of aggravated assault, it’s crucial to contact a Collin County aggravated assault lawyer immediately. Our team has defended hundreds of assault charges in North Texas and will stand as your first line of defense against the prosecution.
Collin County Aggravated Assault Lawyer, Serving Plano, Allen, Frisco, Prosper, Carrollton and Surrounding Areas
In this article, our attorneys discuss the crime and consequences of aggravated assault in North Texas and your best chance at beating these charges. Be sure to watch the highly informative videos below by Collin County Aggravated Assault Lawyer Benson Varghese, who is Board Certified in Criminal Law.
What is Aggravated Assault in Texas?
A person can be charged with aggravated assault in number of ways in Texas. According to Section 22.02 of the Texas Penal Code, a person commits aggravated assault if he or she:
- intentionally, knowingly, or recklessly causes bodily injury to a victim and the suspect uses or exhibits a deadly weapon during the assault; or
- intentionally, knowingly, or recklessly threatens bodily injury to a victim and the suspect uses or exhibits a deadly weapon during the assault; or
- intentionally, knowingly, or recklessly causes serious bodily injury to a victim
To be convicted of aggravated assault, the prosecution must prove each element of the offense. Below, we break down what these elements mean, starting with mental states. But first, Benson Varghese explains how you can face up to 20 years in prison for aggravated assault without even injuring anyone.
What is “intentionally, knowingly, or recklessly” in Texas?
Intentionally
A person acts intentionally when he or she acts with a “conscious objective or desire to engage in the conduct or cause the result.” An example would be if a person points a gun at an individual and pulls the trigger. He or she intended to cause the result (shooting the person).
Knowingly
A person acts knowingly when he or she is “aware that the conduct is reasonably certain to cause the result.” An example of a knowing act would be if a person discharges a gun in the direction of a group of people. The person may not have intended to shoot the person, but the actor should have known that shooting at a group of people was reasonably certain to cause the result.
Recklessly
A person acts recklessly when he or she is aware but consciously disregards a substantial and unjustifiable risk that a result will occur. An example of this would be if someone shot a gun in the air and the stray bullet hit someone. He or she did not intend to shoot anyone, and may not have known anyone was nearby, but ought to have been aware of the substantial and unjustifiable risk that the result could occur.
What is considered a “deadly weapon”?
In Texas, a deadly weapon is defined as:
a firearm or anything that is designed, made or adapted for the purpose of inflicting death or serious bodily injury or anything in the manner of its use or intended use could cause death or serious bodily injury.
Basically, anything can be considered a deadly weapon if it is used or intended to cause death or serious bodily injury. Common “deadly weapons” are a vehicle, hammer, knives, bats, etc. Some other less common items that can be used as deadly weapons are concrete, rope, or a person’s hand.
What is serious bodily injury (SBI)?
Serious bodily injury is defined as an injury that creates a substantial risk of death or that causes death, permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. Examples include:
- Loss of a limb
- Loss of an organ or tissue
- Paralysis
- Any wound that requires extensive medical treatment
- In some cases, fractured bones
It is important to note that the question of whether or not an injury rises to the level of serious bodily injury is an issue of fact. Each injury will be different and prosecutors will be required to prove that the alleged injury meets the definition of SBI.
What is the punishment range for aggravated assault in Texas?
Aggravated assault is a second-degree felony. If convicted, a person can face anywhere from 2 up to 20 years in prison and up to a $10,000 fine.
However, if the assault is committed against a family member, intimate partner, public servant, security guard, informant, prospective witness or during a drive-by shooting that causes serious bodily injury, the charge can upgraded to a first-degree felony, punishable by five years to up to life in prison and up to a $10,000 fine.
What are potential defenses for aggravated assault with a deadly weapon in Fort Worth?
A number of viable defenses can be used in aggravated assault cases including but limited to:
- Self-Defense
- Lack of corroboration
- Defense of Others
- Defense of Property
- No Deadly Weapon
- Lack of Intent
Our experienced Collin County aggravated assault lawyer can also attack your case by challenging the investigation, the evidence, and the credibility of the witnesses. We take an aggressive, no-holds-barred approach to defending our clients.
Talk to a Collin County Aggravated Assault Lawyer Today.
Need a Collin County aggravated assault lawyer? If so, you are in the right place. We have the experience, knowledge and results you are seeking. Our seasoned criminal defense attorneys stand ready to fight for you. Contact us today at 817-203-2220 for a free consultation and find out why we are the firm people turn to when they are facing a life-altering criminal matter.
