Austin Aggravated Assault with a Deadly Weapon Jason Trumpler
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Aggravated Assault with Deadly Weapon in Texas
Aggravated assault with deadly weapon in Texas is a serious criminal offense. It often coexists in the same realm of very other serious charges like murder, kidnapping, robbery, burglary, and sexual assault. If you, or someone you know, has been charged with Aggravated Assault with a Deadly Weapon or are the target of an investigation, it is important that you fully understand the nature of the crime in Texas and the potential range of punishment.
Simply put, to be found guilty of aggravated assault with deadly weapon, the State must prove beyond a reasonable doubt that you committed a simple assault while using or exhibiting a "deadly weapon." First things first, one must understand the definition of assault in Texas.
What I have found in my many years of practice is that many of my clients and just folks I talk to on the street are surprised to learn that it is possible to be charged with assault even if there was no contact between the suspect/defendant and the victim.
The law states that a person may be charged with assault if any of the following occurred:
- Intentionally, knowingly, or recklessly caused bodily injury to another person.
- Intentionally or knowingly threatened someone with bodily injury.
- Intentionally or knowingly caused physical contact in a manner considered offensive or provocative.
A “deadly weapon” is a gun or other object or thing that is capable of causing serious bodily injury or death. This definition is intentionally vague and very inclusive because it focuses on the phrase “capable of causing.” I have seen cases involving all kinds of ordinary objects that were classified as deadly weapons, such as bottles, baseball bats, and tire irons. One of the more common “deadly weapons” that I see is an automobile. I have even had a case where my client who was a skilled professional Mixed Martial Artist where the state tried to argue that my client’s hands were a “deadly weapon” for purposes of the statute.
Typically, aggravated assault with a deadly weapon is charged as a second degree felony. Aggravated assault with a deadly weapon can be charged as a more serious first degree felony under certain circumstances: such as if the victim is a family member, a public servant, a security guard, or a witness in a criminal case and the assault is retaliatory or threatening in nature.
Aggravated Assault with a Deadly Weapon Potential Legal Consequences
As a second degree felony, the range of punishment is 2-20 years in the Texas Department of Criminal Justice Institutional Division and a potential $10,000 fine.
As a first degree felony, the range of punishment is no less than 5 years in the Institutional Division. The maximum punishment is life or 99 years and a potential fine of $10,000.
It should be noted that Aggravated Assault with a Deadly Weapon is also a “3g offense.” There are a list offenses that are now codified under Texas Code of Criminal Procedure Article 42A.054, but still colloquially referred to as “3g,” which is the based on the previous codification of these crimes. Being classifed as "3g" severely limits the ability to get straight probation as potential sentence. Moreover, parole eligibility is dramatically affected. You have to serve at least two years or ½ of your sentence, whichever is longer before you are eligible for parole.
Contact a Criminal Defense Lawyer Jason Trumpler
If you, or someone you know, is being charged with or under investigation for assault with a deadly weapon, it is important that you retain a criminal defense attorney as soon as possible. I have close to 20 years of experience and a verifiable winning record helping people fight their aggravated assault charges. Call me today at 512-457-5200 or contact me via the web site contact page to request a free confidential consultation regarding the charges. I am a former prosecutor, and I know how to fight these charges in Austin and the surrounding areas. I am is passionate about providing you the most compassionate, effective, criminal representation available.