Criminal Penalties for Aggravated Assault with a Deadly Weapon

Maverick Ray Law
November 23, 2022

How to Fight Criminal Aggravated Assault Charges in Texas

If you are charged with assault in Texas, you need to consult with a criminal defense attorney. A conviction, even for simple assault, carries significant penalties and may result in up to one year in jail. Aggravated assault, a felony, can carry a prison sentence of up to 20 years.

At Maverick Ray & Associates, we are aggressive defenders of people’s rights. We vigorously fight the charges against our clients, always working to secure a reduction or dismissal of the charges or a Not Guilty verdict. If you have been charged with assault in Houston or the surrounding areas, contact our office at (281) 672-8029 to schedule a free consultation.

What Is an Assault Charge?

Assault charges are a broad set of offenses defined under Chapter 22 of the Texas Penal Code.

A person can be charged with simple assault if they “intentionally, knowingly, or recklessly” cause or threaten injury to another person. They may also be charged with assault for intentionally or knowingly causing contact with a person that they know the other person would find “offensive or provocative.

Aggravated assault occurs when someone causes serious bodily injury to another person (including their spouse) or uses (or displays) a deadly weapon when committing an assault.

What Are the Types of Assault?

There are several types of assaultive offenses listed in the Texas Penal Code. Each crime carries a significant penalty including a jail or prison sentence depending on the severity of the offense and the victim involved.

Types of assault under Texas law:

  • Assault (simple assault)
  • Sexual assault
  • Indecent assault
  • Aggravated assault
  • Aggravated sexual assault

If you are charged with any of these offenses, you need to discuss your case with an experienced violent crimes attorney. An attorney can help you understand your rights and how to fight the charges against you.

What Are the Penalties for Assault in Texas?

The penalties for assault depend on the circumstances of the case. It is important to know an arrest is not the same thing as being charged with an offense. However, even if you are arrested for an assault you should still contact an attorney to determine your legal options.

  • Simple assault: If you are charged with assault or violation of Section 22.01 of the Penal Code you could be convicted of a Class A misdemeanor and face a fine of up to $4,0000 and up to 1 year in jail.
  • Aggravated assault: If you are charged with aggravated assault or violation of Section 22.02, you could be convicted of a second degree felony and face 2 to 20 years in prison and a fine not to exceed $10,000.
  • Assault with a deadly weapon: If you use a deadly weapon during the commission of an assault and cause serious bodily injury to a victim, under certain circumstances, you could be convicted of a first degree felony. The punishment could include a prison sentence of 5 to 99 years and a fine not to exceed $10,000.

The circumstances surrounding the assault such as the relationship between you and the victim. There are defenses to an assault charge. Retaining an attorney is essential to ensure that you receive the best possible disposition on your case.

Contact Our Office for a Free Consultation

Were you arrested for assault in Houston? Contact our office at (281) 672-8029 to schedule a free, no-obligation consultation. Let us fight for your rights and your freedom. Call now to discuss your case with an award-winning attorney.