By Benson Varghese

Last Updated: March 29th, 2022 at 3:26 PM
Published on: October 23rd, 2020 at 8:51 AM

What is Aggravated Assault with a Deadly Weapon?

Aggravated assault with a deadly weapon occurs when a person uses or brandishes a weapon during the commission of an assault. This charge can be somewhat misleading because it is possible to be charged with aggravated assault with a deadly weapon even if no injury occurred. For example, if an alleged victim calls police and said you threatened him or her while holding a bat or a knife, you can be arrested and charged with aggravated assault with a deadly weapon.

If convicted of aggravated assault with a deadly weapon, the consequences could include significant prison time, a steep fine and a permanent criminal record. Every assault lawyer at our office is familiar with how prosecutors approach cases alleging assault with a deadly weapon in Fort Worth, and we can put that knowledge and experience to work for you. A seasoned defense attorney is crucial to achieving positive results in these serious cases.

What is considered a deadly weapon in Texas?

Under Texas law, a deadly weapon is

  • a firearm or “anything designed, made or adapted for the purpose of inflicting death or serious bodily injury;” or
  • anything that in the “manner of its use or intended use is capable of causing death or serious bodily injury (SBI)”

Basically, this definition encompasses just about everything. It certainly covers obvious dangerous items such as guns, knives, swords, and bats, but it also covers less obvious items that were not designed to cause injury. For example, a pillow or plastic bag could be a deadly weapon if used to try and suffocate an individual. Likewise, a car or boat could be considered a deadly weapon if it is used to try and run someone over. Fists, hands and boots can also be considered deadly weapons.

If you have a question about the weapon that is being alleged in your aggravated assault case, please contact our firm and speak with an experienced attorney. We have seen prosecutors allege all kinds of “deadly weapons” in Texas.

What is the punishment for aggravated assault with a deadly weapon in Fort Worth?

Aggravated assault with a deadly weapon in Fort Worth is generally a second-degree felony, punishable by two to 20 years in prison and a maximum $10,000 fine. However, if the aggravated assault is committed against a family member, intimate partner, public servant, security guard, informant, prospective witness or during a drive-by shooting which causes serious bodily injury, the charge is upgraded to a first-degree felony, punishable by five years to up to life in prison and a maximum $10,000 fine.

In either scenario, you would also lose a number of civil privileges due to your felony conviction, including the right to hold public office, vote, and legally possess a firearm.

Hear from a Client Charged with Aggravated Assault

What are potential defenses for aggravated assault with a deadly weapon in Fort Worth?

A number of viable defenses can be used in assault deadly weapon cases. Your defense could include:

  • Self-Defense
  • Fabrication by alleged victim
  • Lack of corroboration
  • Defense of Others
  • Defense of Property
  • No Deadly Weapon
  • Lack of Intent

There are also other ways to attack your assault charge, including challenging the investigation, the evidence, and the credibility of the witnesses. We take a comprehensive, aggressive approach to defending our clients.

Call our office today to speak with an experienced attorney about accusations of assault with a deadly weapon in Fort Worth. The initial consultation is free and can help clear up any questions and concerns you have about the charges you are facing.

Aggravated Assault with a Deadly Weapon in Fort Worth
Varghese Summersett PLLC
Varghese Summersett PLLC