Aggravated assault is a second-degree felony in Texas, punishable by 2 to 20 years in prison. If you’ve been arrested or are under investigation in Houston, what you do in the next 24 to 48 hours can determine whether you spend years behind bars or walk away with your freedom and your future intact.
At Varghese Summersett, we’ve secured more than 1,600 dismissals and 800 charge reductions in criminal cases across Texas. Our Houston office is led by Mike Hanson, a board-certified attorney and former prosecutor who has tried more than 60 cases before a jury. When this much is at stake, you need attorneys who know how to win.
Why Clients Trust Varghese Summersett With Their Aggravated Assault Cases
Facing felony charges that could send you to prison for decades requires more than a general practice attorney. Our team of over 70 legal professionals includes five board-certified criminal law specialists, former prosecutors from Harris County, Tarrant County, and Fort Bend County, and trial attorneys who have taken hundreds of cases before Texas juries.
We understand how prosecutors build aggravated assault cases because many of us used to be prosecutors. We know their strategies, their weaknesses, and how to exploit gaps in their evidence. Our firm has the resources to hire expert witnesses, conduct independent investigations, and fight your case at trial if that’s what it takes.
The attorneys at our Houston office appear regularly in Harris County criminal courts. We’ve built relationships with prosecutors and judges. We know which arguments work and which defenses give our clients the best chance of walking away without a conviction.
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What Happens If You’re Convicted of Aggravated Assault?
The penalties for aggravated assault under Texas Penal Code § 22.02 are severe. A conviction doesn’t just mean prison time. It means losing your career, your family, and your freedom.
Second-Degree Felony: 2 to 20 years in the Texas Department of Criminal Justice and fines up to $10,000. This applies to most aggravated assault charges involving a deadly weapon or serious bodily injury.
First-Degree Felony: 5 to 99 years or life in prison when the offense involves a family member with prior family violence conviction, or when the victim is a public servant, security officer, or emergency responder. Under Texas Penal Code § 22.02(b), these enhanced charges carry mandatory minimum sentences.
Beyond prison, you’ll lose your right to own firearms under federal law. You’ll have a permanent felony record that shows up on every background check. Professional licenses can be revoked. Immigration consequences can include deportation. Child custody can be affected. Some employers won’t even consider hiring someone with a violent felony conviction.
This is why you need aggressive representation from day one. The sooner we get involved, the more options we have to fight for a dismissal, reduction, or acquittal.
We Get Aggravated Assault Charges Dismissed
Our track record speaks for itself. Here are examples of actual results we’ve achieved in assault and aggravated assault cases:
Harris County Assault Case – DISMISSED: Our team secured a complete dismissal for a client charged with assault bodily injury in Harris County. Attorney Mike Hanson investigated the facts, identified weaknesses in the prosecution’s case, and negotiated a dismissal of all charges.
Aggravated Assault with Deadly Weapon – DISMISSED: In a case involving aggravated assault with a deadly weapon charges, our defense team utilized mental health diversion to secure complete dismissal of all charges against our client.
Second-Degree Aggravated Assault – REDUCED: When a client faced second-degree felony aggravated assault charges in Denton County, we negotiated a reduction to deadly conduct (a Class A misdemeanor) with 24 months of deferred adjudication, protecting our client from a felony conviction entirely.
Multiple Aggravated Assault Cases – DISMISSED: Our attorneys have secured dismissals in aggravated assault cases across Texas, including cases involving firearms, family violence allegations, and serious bodily injury claims.
Past results don’t guarantee future outcomes, but they demonstrate what’s possible when you have the right team fighting for you. Call (281) 805-2220 to discuss your case with a Houston criminal defense attorney who has a proven record of success.
How We Fight Aggravated Assault Charges
Every case is different, but our approach is consistent: we examine every piece of evidence, challenge every assumption, and fight for the best possible outcome. Here are the defenses we commonly use to beat aggravated assault charges:
Self-Defense
Texas law gives you the right to defend yourself. Under Texas Penal Code § 9.31 and § 9.32, you’re justified in using force, including deadly force, when you reasonably believe it’s necessary to protect yourself from serious bodily injury or death. Once we raise self-defense, the prosecution must disprove it beyond a reasonable doubt. Many aggravated assault cases are won on this defense alone.
Challenging the “Deadly Weapon” Finding
Prosecutors often stretch the definition of “deadly weapon” beyond what the evidence supports. A vehicle, a bottle, or even a household object can be classified as a deadly weapon, but only if it was capable of causing death or serious bodily injury in the manner it was actually used. We challenge these allegations aggressively.
Insufficient Evidence of Serious Bodily Injury
Serious bodily injury has a specific legal definition: an injury that creates a substantial risk of death, causes permanent disfigurement, or results in protracted loss of a bodily function. Painful injuries aren’t automatically “serious bodily injury.” If the injury doesn’t meet the statutory threshold, the aggravated charge fails.
False Accusations
False allegations happen constantly in family violence cases. Bitter divorces, custody battles, and jealousy motivate people to exaggerate or fabricate assault claims. We investigate the accuser’s motives, look for inconsistencies in their statements, and expose false accusations for what they are.
Constitutional Violations
If police violated your constitutional rights during the investigation, arrest, or interrogation, we can move to suppress the evidence they obtained illegally. Without key evidence, the prosecution’s case can fall apart completely.
What to Expect When You Hire Varghese Summersett
From your first phone call, you’ll understand why clients across Texas trust us with the most serious criminal charges. Here’s what working with our firm looks like:
Immediate Response: We answer calls 24/7. When you’re facing aggravated assault charges, you can’t wait until Monday morning. Our team responds immediately to get you the help you need when you need it.
Thorough Case Evaluation: We review every detail of your case: the police reports, witness statements, physical evidence, and your version of events. We identify weaknesses in the prosecution’s case and opportunities for defense.
Strategic Defense Planning: Every case gets a customized defense strategy. Whether that means negotiating with prosecutors, filing motions to suppress evidence, or preparing for trial, we develop a plan designed to achieve the best possible outcome for your specific situation.
Aggressive Representation: We don’t roll over. We fight. Our attorneys have the courtroom experience and legal knowledge to go toe-to-toe with prosecutors and win. When the prosecution knows you have serious representation, they’re more likely to offer favorable resolutions.
Regular Communication: You’ll never wonder what’s happening with your case. We keep you informed at every stage and make sure you understand your options before making any decisions.
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Understanding the Charges Against You
Knowledge is power. Understanding exactly what the prosecution must prove helps you appreciate the strength of your defense.
Under Texas Penal Code § 22.02, the prosecution must prove beyond a reasonable doubt that you committed assault as defined in Section 22.01 (intentionally, knowingly, or recklessly causing bodily injury, threatening imminent bodily injury, or causing offensive physical contact) and that you either caused serious bodily injury or used or exhibited a deadly weapon during the assault.
“Beyond a reasonable doubt” is the highest burden of proof in our legal system. The prosecution must prove every element of the offense. You don’t have to prove your innocence. If we can create reasonable doubt about any element, you should be acquitted.
Related Charges We Defend
Aggravated assault charges often come with additional offenses. Our Harris County criminal defense attorneys handle the full range of violent crime charges:
We defend clients charged with assault bodily injury, aggravated assault with a deadly weapon, assault by threat, deadly conduct, terroristic threat, unlawful carrying of a weapon, and felon in possession of a firearm. When charges are stacked, having one legal team handle everything ensures a coordinated defense strategy.
Frequently Asked Questions
Can aggravated assault charges be dropped?
Yes. We’ve had aggravated assault charges dismissed numerous times. Charges can be dropped when evidence is insufficient, when we expose constitutional violations, when the alleged victim’s story falls apart, or through strategic negotiation with prosecutors. Every case presents opportunities, and our job is to find them.
Is aggravated assault a “3G” offense?
Aggravated assault with a deadly weapon is a 3G offense, meaning you must serve at least half your sentence before parole eligibility. This makes avoiding conviction even more critical. Probation may still be available, but the stakes are extraordinarily high.
What’s the difference between aggravated assault and attempted murder?
Intent. Attempted murder requires proof that you specifically intended to kill the victim. Aggravated assault only requires intent to cause serious bodily injury or reckless conduct causing such injury. Both are serious felonies, but the distinction matters significantly for defense strategy.
Should I talk to police about my aggravated assault case?
Absolutely not. Anything you say will be used against you. Don’t make statements, don’t “explain your side,” and don’t try to talk your way out of it. Exercise your right to remain silent and call a lawyer immediately.
How much does it cost to hire an aggravated assault lawyer?
Legal fees depend on the complexity of your case. What we can tell you is that the cost of not having proper representation, potentially years in prison, a permanent felony record, and destroyed career prospects, is far greater than any legal fee. We offer free consultations to evaluate your case and discuss options.
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Your Future Is On the Line. We’re Ready to Fight.
An aggravated assault conviction can take everything from you: your freedom, your career, your family, your future. But a charge is not a conviction. With the right defense team, charges get dismissed. Cases get won.
Varghese Summersett has the experience, the resources, and the track record to fight for you. Our Houston office handles aggravated assault cases throughout Harris County, and we’re available 24/7 to take your call.
Don’t wait. The prosecution is already building their case against you. Call (281) 805-2220 now for a free, confidential consultation with a Houston aggravated assault lawyer who will fight to protect your rights and your future.
