Criminal law book, handcuffs, and gavel symbolizing aggravated assault charges in Tarrant County, Texas.

In this article, you’ll discover:

  • The difference between assault and aggravated assault
  • The penalties for an aggravated assault conviction in Texas
  • When and how you can claim self-defense for an assault charge

What Is Aggravated Assault Under Texas Law, and How Is It Different From Other Assault Charges?

There are three ways you can commit assault in Texas:

  1. Causing physical contact with a person where the person regards that contact as offensive or provocative. An offensive touch would meet the definition.
  2. Threatening another person with a bodily injury.
  3. Causing bodily injury to a person.

There are two potential items that can elevate an assault to an aggravated assault.

The first item that can elevate an assault to an aggravated assault is the victim suffered serious bodily injury. There is a legal definition of “serious bodily injury.” That’s one of the issues lawyers argue about when fighting these cases, whether it’s a regular or an aggravated assault, because the injuries do or don’t amount to a serious bodily injury.

The second thing that can change an assault into an aggravated assault would be if you used or displayed a deadly weapon during the commission of the assault. If someone threatens to punch you in the eye, that’s a misdemeanor or regular assault. If someone says they’re going to shoot you and they’re holding the gun in their hand, that’s an aggravated assault.

What Are The Potential Penalties For An Aggravated Assault Conviction In Texas?

There are many moving parts when looking at these cases to decide the correct range of punishment.

Aggravated assault is usually a second-degree felony. For a second-degree felony, the range of punishment would be a minimum of two years to a maximum of 20 years in prison. There can also be a fine of up to $10,000.

In certain circumstances, aggravated assault can be a first-degree felony. There are a couple of ways aggravated assault can be enhanced from a second-degree to a first-degree felony.

The first is an enhancement based on the status of the victim. Public servants, process servers and security officers get extra legal protection. If they’re the victim of an assault while serving in that official capacity, it becomes a first-degree felony. If the victim is an informant, a witness or a potential witness, and that’s the reason for the assault, that also becomes a first-degree felony.

There are other bases for enhancement to first-degree assault:

  • If you use a deadly weapon, and the assault results in the victim becoming permanently paralyzed or places the victim into a persistent vegetative state.
  • If you use a deadly weapon and you cause serious bodily injury to a family member, member of the household or someone with whom you’ve had a dating or intimate relationship, i.e., domestic violence.
  • If you commit the assault as part of a mass shooting.
  • If you’re in a vehicle and you shoot a firearm towards a habitation or building and you cause serious bodily injury to someone, such as in a typical drive-by.

How Is Self-Defense Argued In Aggravated Assault Cases, and What Evidence Is Needed To Support This Defense?

In many states, self-defense is an affirmative defense, meaning that once you raise the issue, the burden shifts to the defendant to prove the affirmative defense is true. In Texas, self-defense is considered a defense to prosecution, which means that once we raise the issue of self-defense, the burden stays on the prosecution to prove beyond a reasonable doubt that the defense doesn’t apply.

There has to be some evidence presented to raise the issue of self-defense. You can’t say it was self-defense without providing anything to support that. Evidence can come from any source, but the jury will only be instructed to consider self-defense if the issue is raised.

The more evidence you present, the better. The law states: There needs to be evidence to raise the issue of self-defense, even if it is weak, inconsistent, or contradictory. You don’t need a lot of evidence to get the issue in front of the jury, but something must be presented.

One factor not in the Texas code but in the case law is the confession and avoidance doctrine concerning self-defense. To get the self-defense instruction, you have to admit the conduct. You can’t argue your client didn’t shoot the guy, but if he did, it was in self-defense.

If you’re accused of shooting at someone, and you want to claim self-defense, you must admit you shot at him. Your intent is a matter of dispute, but you have to admit the actual conduct of shooting at the person to raise self-defense.

Can You Share A Case Where Self-Defense Was Central To Your Client’s Aggravated Assault Defense and How You Successfully Presented It In Court?

I had a client who heard his truck start one evening. He went outside to see someone driving off in his truck. He jumped into his wife’s car and started following the person until they came to a stop. He got out of the car with a pistol in his hand.

My client confronted the person and told him to get out of his truck. Instead of complying with that, the person hit the gas and tried to run my client over with his own truck. So, my client fired several shots. One of the shots grazed the person on the side of the head, causing a minor injury.

My client was arrested and charged with aggravated assault based on that. I was surprised the case was filed because it seemed pretty clear self-defense.

It took going all the way to the brink of trial. I finally laid out why every step was justified for the prosecutor, starting with my client getting in his other vehicle to chase the truck thief. I showed him the law and went through everything in depth. The case was dismissed the Friday before we were supposed to pick a jury.

At first, the prosecutors were arguing that, even if shooting the plaintiff would be justified typically, the fact that my client chased him down and put himself in that situation negates it. The law clearly says that that’s not the way it works. We had to present all the different aspects to get a good resolution for our client, and we did.

How Do You Support Clients Worried About The Social Stigma And Emotional Impact Of Being Accused Of A Violent Crime?

Overall, our criminal justice system is one of the best in the world, but there can be tremendous damage done to someone’s life and career based on little evidence.

I once represented a client who was a vice president of a national company. The police received an anonymous phone call saying he tried to throw a woman off a balcony at a hotel. The police arrived, did a SWAT-style entry into the hotel room and talked to everybody. The woman said, “We’re just arguing. He never put his hands on me, much less tried to throw me out the window.”

My client still was arrested and charged with attempted murder. It took us about 10 days to get the grand jury to throw that case out. By that time, he had already lost his job. It’s one of those situations where an anonymous 911 caller says you did something. We talk about “swatting” these days, but a call like that can cost someone their job. It’s a big issue.

When representing you, the first step I take is to prepare you for what’s ahead by explaining the legal process: how long it will take and how often you’ll have to go to court. There are a lot of unknowns, and that causes a lot of anxiety and emotional distress.

Understanding the process can help. If there’s potential media interest, we will discuss how we will handle that. In some cases, if it’s appropriate, we’ll get a public relations specialist involved. I can also write a letter to your employer explaining the pending case and how nothing’s been proven against you. 

Unfortunately, when a case gets thrown out of court, that usually doesn’t make the news. The public sees a newspaper article about someone being arrested for allegedly doing something heinous, but there’s never a follow-up when the case is dismissed.

While I can’t impact the public’s opinion, I will prepare you for possible impacts on your career, help explain the context of your case to employers, and help remove as much of the fear of the unknown as possible for you. 

Still Have Questions? Ready To Get Started?

For more information on What To Do If You’re Charged With Aggravated Assault In Tarrant County, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (888) 694-7006 today. 

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