Aggravated Assault Defense in Fort Bend County

Aggravated assault is a second-degree felony in Texas that carries 2 to 20 years in prison and up to $10,000 in fines. If you or someone you love has been charged with aggravated assault in Fort Bend County, the time to act is now.

At Varghese Summersett, our criminal defense attorneys have secured more than 1,600 dismissals and 800 charge reductions across Texas. Our team of 70+ legal professionals includes five attorneys who hold Board Certification from the Texas Board of Legal Specialization, the highest level of recognition in their practice areas. With offices in Fort Worth, Dallas, Houston, and Southlake, our attorneys have tried hundreds of cases before Texas juries and bring former prosecutor experience to every case they handle.

Our Houston-area team is led by Senior Counsel Mike Hanson, a Board Certified Juvenile Law attorney who previously served as an Assistant District Attorney in both Tarrant County and Fort Bend County. His firsthand knowledge of how the Fort Bend County District Attorney’s Office builds cases gives our clients a strategic advantage from day one. If you are facing aggravated assault charges in Fort Bend County, call us at (281) 805-2220 for a free consultation.

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What Makes Assault “Aggravated” in Texas?

A standard assault becomes “aggravated” under Texas law when a person causes serious bodily injury to another person or uses or exhibits a deadly weapon during the assault. These two factors are what elevate the charge from a misdemeanor to a felony, and the consequences increase dramatically as a result.

Serious bodily injury means an injury that creates a substantial risk of death or causes permanent disfigurement or long-term loss of a body part or organ. A deadly weapon is any object that can cause death or serious bodily injury in the way it is used or intended to be used. This includes firearms and knives but can also include vehicles, baseball bats, or even hands and feet in certain circumstances.

What Does the Law Say?

Under Texas Penal Code § 22.02, a person commits aggravated assault if they commit assault as defined in Texas Penal Code § 22.01 and they:

• Cause serious bodily injury to another person, or
• Use or exhibit a deadly weapon during the commission of the assault

The underlying assault itself requires proof that the accused intentionally, knowingly, or recklessly caused bodily injury to another, threatened someone with imminent bodily injury, or caused physical contact the accused knew or should have known the other person would find offensive or provocative.

What the Prosecution Must Prove

To secure a conviction for aggravated assault in Fort Bend County, the State must prove every element of the offense beyond a reasonable doubt. The defendant has no burden to prove innocence. Specifically, the prosecution must establish that:

• The accused committed an assault (intentionally, knowingly, or recklessly caused bodily injury; threatened imminent bodily injury; or caused offensive physical contact)
• The accused caused serious bodily injury to another person, OR used or exhibited a deadly weapon during the assault

If the State fails to prove even one element beyond a reasonable doubt, the jury must return a not guilty verdict.

Penalties for Aggravated Assault in Fort Bend County

The punishment for aggravated assault depends on the circumstances surrounding the offense and the relationship between the accused and the alleged victim.

• Second-Degree Felony (standard): 2 to 20 years in prison and up to $10,000 in fines
• First-Degree Felony (enhanced): 5 to 99 years or life in prison and up to $10,000 in fines

Aggravated assault is elevated to a first-degree felony under Texas Penal Code § 22.02(b) when the offense is committed against a family or household member using a deadly weapon that causes serious bodily injury, against a public servant acting in an official capacity, by a public servant acting under color of office, in retaliation against a witness or informant, or against a security officer performing duties. Aggravated assault involving a drive-by shooting that causes serious bodily injury is also a first-degree felony.

Aggravated assault is classified as a 3g offense under Texas law. That means the judge cannot grant probation after a conviction at trial, and the accused must serve at least half the sentence before becoming eligible for parole.

Aggravated Assault Bond Amounts in Fort Bend County

Based on an analysis Varghese Summersett completed of over 10,241 bonds set in Fort Bend County between January and December 2025, aggravated assault bonds are among the highest in the county. Here is what you can expect:

Charge	Cases	Typical Bond Range	Most Common Bond
Agg. Assault w/ Deadly Weapon	302	Avg. $60,389	$50,000
Agg. Assault Family/Household w/ Weapon (SBI)	43	Avg. $69,302	$50,000
Agg. Assault Causes Serious Bodily Injury	21	Avg. $70,190	$50,000
Agg. Assault Against Public Servant	5	Avg. $77,000	$50,000

As the data shows, bonds in Fort Bend County aggravated assault cases are typically set at $50,000 or higher. If you or a loved one is being held on a high bond, our attorneys can file a motion for bond reduction and argue for more reasonable conditions. To speak with an attorney about a bond reduction, call (281) 805-2220.

Common Defenses Against Aggravated Assault Charges

Every aggravated assault case is different, and the right defense strategy depends on the specific facts. Our attorneys examine every piece of evidence and every element the State must prove to identify weaknesses in the prosecution’s case. Some of the most effective defense strategies include:

Self-Defense. Texas law provides broad protections for individuals who use force to defend themselves. Under Texas Penal Code § 9.31, a person is justified in using force when they reasonably believe it is immediately necessary to protect themselves against another person’s use or attempted use of unlawful force. Texas also recognizes the Castle Doctrine and Stand Your Ground laws, which can eliminate any duty to retreat.

Challenging “Serious Bodily Injury.” The State must prove the injury meets the legal definition of serious bodily injury, which requires a substantial risk of death, permanent disfigurement, or protracted loss of a bodily function. Medical records, expert witnesses, and the actual extent of the injuries can all be used to argue that the injury, while real, does not meet this high legal threshold.

Challenging the “Deadly Weapon” Finding. If the charge is based on use or exhibition of a deadly weapon, the defense can argue the object was not actually used in a manner capable of causing death or serious bodily injury. The way an object is used matters more than what the object is.

Lack of Intent. The prosecution must prove the accused acted intentionally, knowingly, or recklessly. Accidental contact or an honest misunderstanding about the situation can undermine the mental state the State needs to prove.

False Accusations. Aggravated assault charges, especially those involving family or household members, are sometimes driven by anger, jealousy, or a desire to gain an advantage in a divorce or custody dispute. Our attorneys investigate the accuser’s motives, prior statements, and any inconsistencies in their account.

Witness Credibility Issues. If the case relies heavily on witness testimony, inconsistencies between witness statements and physical evidence, prior inconsistent statements, or bias can all be used to undermine the State’s case.

The Legal Process for Aggravated Assault in Fort Bend County

Understanding what to expect after an aggravated assault arrest in Fort Bend County can help reduce some of the uncertainty during a very stressful time. Here is a general overview of the process:

Arrest and booking. After an arrest, the accused is taken to the Fort Bend County Jail for booking and processing. Bond will be set, and in many aggravated assault cases, the bond amount is $50,000 or more.

Grand jury indictment. Because aggravated assault is a felony, the case must be presented to a Fort Bend County grand jury. The grand jury will decide whether there is enough evidence to formally charge (indict) the accused. If the grand jury declines to indict (a “no bill”), the case is dismissed.

Arraignment and pretrial hearings. If indicted, the accused will appear in one of the Fort Bend County district courts for arraignment. Multiple pretrial hearings will follow, during which your attorney can file motions to suppress evidence, challenge witness testimony, and negotiate with the prosecution.

Plea negotiations or trial. Many cases are resolved through plea negotiations, which may result in reduced charges, probation (if eligible through a plea agreement), or other favorable outcomes. If a fair resolution cannot be reached, the case will go to trial before a Fort Bend County jury.

Aggravated Assault Case Results

Varghese Summersett has a proven track record of securing dismissals, no bills, and favorable outcomes in aggravated assault cases across Texas. Here are examples of real results our team has achieved:

• Aggravated Assault with Deadly Weapon (Tarrant County, Case No. 1825757): Attorney Tiffany Burks secured a full dismissal of aggravated assault with a deadly weapon charges.
• Aggravated Assault with Deadly Weapon (Historical): Varghese Summersett secured multiple dismissals and cases where prosecution was barred in aggravated assault deadly weapon cases.
• Aggravated Assault – Serious Bodily Injury (Historical): Varghese Summersett obtained multiple no bills from the grand jury and a dismissal in aggravated assault cases involving allegations of serious bodily injury.

Past results do not guarantee future outcomes.

What to Expect From Varghese Summersett

When you hire Varghese Summersett to defend you against aggravated assault charges in Fort Bend County, you get a team, not just a single attorney. Our approach starts with an honest assessment of your case and a clear explanation of your options. From there, we build a defense strategy tailored to the facts of your situation.

Our attorneys conduct independent investigations, retain expert witnesses when needed, file strategic pretrial motions, and prepare every case as if it is going to trial. That level of preparation is what leads to favorable outcomes, whether through negotiation or in the courtroom. With offices in Houston and attorneys who know the Fort Bend County courts, we are positioned to provide aggressive, knowledgeable representation from start to finish.

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Watch: Aggravated Assault in Texas Explained

Frequently Asked Questions About Aggravated Assault in Fort Bend County

Can aggravated assault charges be dropped in Fort Bend County?

Yes. Aggravated assault charges can be dismissed if the evidence is insufficient, if the grand jury issues a no bill, or if your attorney successfully challenges the State’s case through pretrial motions. Even in cases where the alleged victim wants to “drop charges,” only the Fort Bend County District Attorney’s Office has the authority to dismiss the case. An experienced defense attorney can present evidence and arguments that persuade prosecutors to reconsider the charges.

Is aggravated assault a 3g offense in Texas?

Yes. Aggravated assault is classified as a 3g offense under Article 42A.054 of the Texas Code of Criminal Procedure. This means a person convicted at trial is not eligible for judge-ordered community supervision (probation), and they must serve at least half of their sentence before becoming eligible for parole. However, probation may still be available through a plea agreement negotiated by your defense attorney.

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

The primary difference is the severity of the injury or the involvement of a deadly weapon. Simple assault causing bodily injury is typically a Class A misdemeanor. Aggravated assault requires proof of serious bodily injury (a much higher threshold) or the use or exhibition of a deadly weapon. This elevation changes the offense from a misdemeanor to a felony with far more severe penalties.

Can I get probation for aggravated assault in Fort Bend County?

Because aggravated assault is a 3g offense, a judge cannot grant probation after a conviction at trial. However, probation may be offered as part of a plea agreement negotiated between your attorney and the Fort Bend County District Attorney’s Office. Deferred adjudication, which allows for the eventual dismissal of the charge, may also be possible in certain cases depending on the facts and the accused’s criminal history.

How long does an aggravated assault case take in Fort Bend County?

The timeline varies depending on the complexity of the case, the court’s schedule, and whether the case goes to trial or is resolved through negotiations. Simple cases may be resolved in a few months. Complex cases involving multiple witnesses, forensic evidence, or other factors can take a year or longer. Your attorney can give you a more specific estimate after reviewing the details of your case.

An aggravated assault charge in Fort Bend County can change the course of your life. A conviction means years in prison, a permanent felony record, and consequences that follow you long after you have served your sentence. The sooner you have an experienced defense attorney fighting for you, the better your chances of a favorable outcome. Call Varghese Summersett at (281) 805-2220 to speak with a Fort Bend County aggravated assault defense attorney. Our phones are answered 24 hours a day, 7 days a week.