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One of the most common aggravating factors for assault charges in Tarrant County is the presence of a deadly weapon, which allows the assault to be classified as a felony regardless of whether the weapon was actually used.
If you were recently accused of aggravated assault with a deadly weapon in Grapevine, it’s important to understand the elements of this offense and options for contesting charges. Our seasoned assault lawyers will work tirelessly on your behalf, gathering exculpatory evidence and compiling it into an effective defense strategy.
Strictly speaking, there is no statute in the Texas Penal Code that defines “aggravated assault with a deadly weapon” as a unique criminal offense. Instead, the use or exhibition of a deadly weapon is one of two factors that can elevate a standard assault charge to aggravated assault, as defined by Texas Penal Code Section §22.02. The other way an assault charge can be elevated to aggravated is by causing serious physical injury.
Anyone convicted of using, brandishing, or possessing a deadly weapon during an assault faces a second-degree felony punishable by two to 20 years in prison and a a maximum fine of $10,000.
However, the charge can be elevated to first-degree felony if the any of the following occurred:
In these cases, a conviction for aggravated assault with a deadly weapon in Grapevine could be punishable by anywhere from five to 99 years in prison, as well as a maximum fine of $10,000.
As the name suggests, the central component of an assault with a deadly weapon charge is the alleged presence of a deadly weapon. Texas Penal Code Section 1.07(17) defines a “deadly weapon” as either a firearm or other instrument specifically meant to cause death or serious injury, or any object used in a manner capable of causing death or serious injury. The second half of the definition paves the way for many things to be considered a deadly weapon, including a cane, boot, plastic bag, car, or hands.
Our legal team can help you structure a defense strategy to achieve the most favorable outcome possible. One of the way we could potentially do this is by arguing you were not actually in possession of a deadly weapon during your alleged offense, or that the object you possessed could not reasonably be considered a deadly weapon. In some cases, what an arresting officer may interpret as a “deadly” weapon may be nothing of the sort, and if you can demonstrate that fact in court, you may have a good chance at avoiding conviction for assault with a deadly weapon in a Tarrant County court.
If you are accused of either using a deadly weapon to assault someone or committing an assault with a deadly weapon in your possession, you will be facing felony charges and steep potential penalties upon conviction.
In order to ensure your legal defense is as airtight as possible, you will need an experienced, aggressive and dedicated legal team. With over 100 years of collective experience, we can determine the best way to proceed with your assault with a deadly weapon charge in Grapevine. Call the office of Varghese Summersett today to schedule a first consultation for free.