April 3, 2024
Anyone who commits the crime of aggravated assault and causes serious bodily harm to another person is charged with a felony offense. With crimes like this, the prosecution usually seeks a conviction that results in a steep fine in addition to a lengthy prison sentence.
If you find yourself charged with a similar crime, your first step is to get yourself a skilled criminal legal team. At The Napier Law Firm, we’ll evaluate your legal options and lay out your best strategy to secure a ‘not guilty’ verdict.
How Aggravated Assault with a Deadly Weapon is Defined in Texas
Aggravated assault with a deadly weapon, often abbreviated as “AA/DW,” is a serious criminal offense. It’s defined as when a person intentionally causes harm to another person using a deadly weapon, which can be any type of object capable of causing serious bodily injuries, abbreviated as “Agg Assault SBI,” or even death.
Deadly weapons can range from a basic knife or blade to a firearm and even any type of vehicle as is defined in the Texas Penal Code § 46.01.
In the eyes of the law, the key element of this offense is the intent to do two things: cause bodily harm and use a deadly weapon. So, the burden of proof lies with the prosecution who has to prove beyond a reasonable doubt that the defendant knowingly or intentionally caused serious bodily injury to another person.
Then, they must also prove that the defendant exhibited a deadly weapon during the carrying out of the assault.
If the prosecution can’t meet this burden, the defendant can’t be lawfully convicted of this crime.
Aggravated Assault vs. Simple Assault
Here’s a quick look at the difference between aggravated assault and the basic type of assault.
Simple Assault
The biggest difference between aggravated and simple assault is that the former is a typical misdemeanor, which is less severe than a felony but more serious than an infraction.
A misdemeanor offense is punishable by either one or a combination of the following:
- Fine
- Probation
- Community service
- A maximum jail term of up to 12 months
Aggravated Assault
Aggravated assault, on the other hand, is a felony offense, and is often punishable as a second-degree felony. These types of crimes typically include robbery, arson, rape, or aggravated assault. Felonies are usually prosecuted vigorously by the legal system due to their serious nature.
The elements of aggravated assault in Texas include the following:
- Intentional or knowing conduct
- Serious bodily injury
- The use or exhibition of a deadly weapon
- Reckless conduct
Penalties for Aggravated Assault with a Deadly Weapon
The Texas Penal Code classifies the Aggravated Assault law under Title 5 “Offenses Against the Person,” Chapter 22 “Assaultive Offenses.”
The penalties for this type of crime in Texas vary, depending on the seriousness of the injuries incurred, the type of deadly weapon used, and the defendant’s criminal history.
It’s worth noting that the Texas Aggravated Assault law was amended in 2023 to include enhancements for offenses causing the following:
- Traumatic brain or spine injury that results in a persistent vegetative state or irreversible paralysis
- Mass shootings
Since this type of crime is considered a second-degree felony, it’s punishable by:
- a sentence of 2 to 20 years in prison
- a fine of up to $10,000
However, if it was committed against a public servant, as a family violence offense, or in retaliation against a witness, the charges can be a bit steeper. In this case, it might be considered in the eyes of the law as a first-degree felony, which can be punishable by:
- a sentence of 5 to 99 years or even life in prison
- A fine of up to $10,000
Defense Strategies for Aggravated Assault Charges Involving a Deadly Weapon
Defending against aggravated assault charges is intricate and complex, so it’s important to seek the counsel of a criminal defense attorney who has an in-depth understanding of the law and its intricacies.
There are five common defenses we at Napier Law Firm use in an aggravated assault case. Take a look.
- Self-Defense
- Self-Defense
This defense is based on the principle that all individuals have the right to defend themselves when faced with imminent danger. For this defense to work, you must demonstrate that you believed that the use of force was necessary to prevent harm and that it was proportionate to the perceived threat.
Your lawyer may present physical evidence to back this claim as well as witness testimony and expert opinions.
- Mistaken Identity
This type of defense is pretty straightforward given that your defense team can show that you’re not the person who committed the assault. To prove this, the defense has to present evidence showing that the error in identifying you as the one who committed the offense was due to either distance, poor lighting, or the presence of someone resembling you.
Your lawyer can also present the court with an alibi as to your whereabouts at the time of the crime or witness testimony to support the claim of mistaken identity.
- Lack of Intent or Recklessness
Another plausible defense is that if your lawyer can show that you didn’t have any intention to commit the crime or that you acted without recklessness. This type of defense can also argue that you acted without knowledge of the consequences as a way of casting doubt on the prosecution’s case in the hope of securing a ‘not guilty’ verdict or a lesser charge than what was initially set.
- Lack of Evidence
If there isn’t sufficient evidence to prove the elements of the crime beyond a reasonable doubt, your lawyer can get the charges dismissed if your charges have been filed in court or dropped if the charges haven’t yet been filed for any reason.
Your lawyer will argue that the evidence present is insufficient and unreliable to support a conviction. This defense aims to cast doubt on the prosecution’s case and seek a ‘not guilty’ verdict.
- Constitutional Violations
This type of defense is used if your constitutional rights were violated during the arrest, investigation, or even the prosecution of the case. If successful, this type of defense can have a considerable impact on the outcome of the case.
In Conclusion
If you find yourself or someone you know facing aggravated assault charges, make sure you get the best possible defense attorney who will work hard to protect your legal rights.
Call our offices of Napier Law Firm today to schedule a free consultation.