Aggravated Assault - Deadly Weapon

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Tarrant County Aggravated Assault with a Deadly Weapon Criminal Defense Attorney

Relentless Aggravated Assault Criminal Defense in Tarrant County and the Dallas – Fort Worth Area

Chapter 22 Section 22.02 of the Texas Penal Code outlaws conduct referred to as Aggravated Assault in Texas.

A person accused of Aggravated Assault with a Deadly Weapon needs a relentless criminal defense attorney due to the severity and violent nature of the offense.

The relentless Tarrant County Aggravated Assault Criminal Defense Attorneys with The Law Office of David Sloane are here to defend your rights, freedom, and way of life.

Aggravated Assault with a Deadly Weapon Explained – Texas Penal Code § 22.02(a)(2)

What is Aggravated Assault with a Deadly Weapon under Texas criminal law?

Pursuant to Texas Penal Code § 22.02(a)(2), a person commits the offense of aggravated assault with a deadly weapon if the person: 

  • Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse; OR
  • Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse; OR
  • Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative; AND
  • The person uses or exhibits a deadly weapon during the commission of the assault. 

Bodily injury is defined under Texas Penal Code § 1.07(a)(8) as physical pain, illness, or any impairment of physical condition.

Deadly Weapon Explained – Texas Penal Code § 1.07(a)(17)

What is a Deadly Weapon under Texas criminal law?

Deadly Weapon is defined under Texas Penal Code § 1.07(a)(17) as:

  • A firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury; OR 
  • Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. 

What is Serious Bodily Injury under Texas criminal law?

Serious Bodily Injury is defined under Texas Penal Code § 1.07(46) as physical pain, illness, or any impairment of physical condition that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What are some examples of Deadly Weapons in Texas?

Common examples of deadly weapons include: firearms, knives, and clubs. Uncommon examples of deadly weapons include: stiletto hills, pillows, and golf clubs. Due to the catch-all definition, almost anything can qualify as a deadly weapon under Texas criminal law, so long as it is capable of causing death or serious bodily injury.

Aggravated Assault with a Deadly Weapon Punishment Explained – Texas Penal Code § 22.02(b)

What is the punishment range for Aggravated Assault with a Deadly Weapon?

Under Texas Penal Code § 22.02(b), Aggravated Assault with a Deadly Weapon is a second-degree felony, punishable between two to 20 years in prison and a fine up to $10,000. 

Will an Aggravated Assault with a Deadly Weapon Conviction impact parole eligibility?

A deadly weapon enhancement will also impact a person’s parole eligibility. Instead of only having to serve a quarter of a prison sentence prior to becoming parole eligible, a deadly weapon enhancement will delay parole eligibility until half of the sentence is served, or 30 years, whichever is less. 

Am I eligible for probation if convicted for Aggravated Assault with a Deadly Weapon? 

A person accused of Aggravated Assault with a Deadly Weapon may be eligible for community supervision probation. The range of possible probation is two to ten years. However, a deadly weapon enhancement does disqualify a person from certain types of community supervision probation. It is important for a criminal defense attorney to evaluate your specific situation.

Aggravated Assault with a Deadly Weapon -Special Punishment Enhancements

Section 22.02 of the Texas Penal Code lists several special punishment enhancements for Aggravated Assault with a Deadly Weapon related to family violence, motor vehicles, and mass shootings.

Family Violence Enhancement (Texas Penal Code § 22.02(b)(1)(a))

The punishment for Aggravated Assault is enhanced from a second-degree felony to a first-degree felony, punishable between five to 99 years or life in prison and a fine up to $10,000, if the actor used a deadly weapon during the commission of the assault and caused serious bodily injury to a family member, household member, or person the actor is or was dating.

Motor Vehicle Enhancement (Texas Penal Code § 22.02(b)(3))

The punishment for Aggravated Assault is enhanced from a second-degree felony to a first-degree felony, punishable between five to 99 years or life in prison and a fine up to $10,000, if:

  • The actor was in a motor vehicle;
  • Knowingly discharged a firearm at or in the direction of a habitation, building, or vehicle; 
  • Was reckless as to whether the habitation, building, or vehicle was occupied; and
  • In discharging the firearm, caused serious bodily injury to any person.

Mass Shooting Enhancement (Texas Penal Code § 22.02(b)(4))

The punishment for Aggravated Assault is enhanced from a second-degree felony to a first-degree felony, punishable between five to 99 years or life in prison and a fine up to $10,000, if the actor commits the assault as part of a mass shooting. 

A mass shooting is generally defined as an event in which one or more people are actively engaged in killing or attempting to kill more than one person. Many definitions do not have a minimum number of casualties to qualify an event as a mass shooting; however, federal law generally defines mass killings as three or more killings in a single incident.

How to Fight - Contact Us for a Free Consultation with our Tarrant County Aggravated Assault Criminal Defense Attorneys

You need a skilled criminal defense attorney to fight Aggravated Assault with a Deadly Weapon allegations. A conviction carries life-long consequences, such as, prison, future criminal enhancements, and a stain on your criminal record. The experienced Tarrant County Aggravated Assault Criminal Defense Attorneys with The Law Office of David Sloane are here to help you.

Our Tarrant County Aggravated Assault Criminal Defense Lawyers have helped thousands of clients fight Aggravated Assault related cases in Tarrant County and throughout the greater Dallas – Fort Worth Area, such as:


Contact us today at (817) 349-7118 for a FREE Consultation with the Tarrant County Aggravated Assault Criminal Defense Lawyers at The Law Offices of David Sloane!

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