What Happens If You Are Accused Of Aggravated Assault With A Deadly Weapon In Texas?
An accusation of aggravated assault with a deadly weapon can expose you to years in prison and a permanent felony record in Galveston County. These cases often arise from fights, domestic disputes, road-rage incidents, confrontations involving firearms, or arguments in which someone claims a weapon was displayed or used. The prosecution does not always need to prove that the alleged victim suffered a catastrophic injury.
Under Texas law, using or exhibiting a deadly weapon during an assault can be enough to support an aggravated assault charge. When we defend someone accused of this offense, we carefully examine what actually happened, whether the object legally qualifies as a deadly weapon, whether the alleged victim’s account is reliable, and whether self-defense or another justification applies.
Texas Law Defines Aggravated Assault With A Deadly Weapon
Texas Penal Code § 22.02provides that a person commits aggravated assault if the person commits an assault under Texas Penal Code § 22.01 and either causes serious bodily injury or uses or exhibits a deadly weapon during the assault. Section 22.01 generally covers intentionally, knowingly, or recklessly causing bodily injury, intentionally or knowingly threatening another person with imminent bodily injury, or intentionally or knowingly making offensive or provocative physical contact.
This means an aggravated assault allegation can arise even when no one was shot, stabbed, or seriously injured. For example, prosecutors may argue that pointing a firearm at someone while making a threat qualifies because the weapon was exhibited during the alleged assault. Whether the facts actually satisfy the statute depends on the evidence and the exact circumstances of the confrontation.
What Counts As A Deadly Weapon In Texas
Texas Penal Code § 1.07 defines a deadly weapon to include a firearm or anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury. The definition also includes anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury.
A firearm is the clearest example, but the law is not limited to guns. Depending on the circumstances, prosecutors may claim that a knife, vehicle, baseball bat, heavy tool, bottle, or another object was used as a deadly weapon. The question may depend on how the object was used, how it was displayed, the force involved, and whether it was capable of causing death or serious bodily injury under those particular facts.
We do not assume an object qualifies as a deadly weapon simply because police described it that way. That legal classification can become an important issue in the defense.
Aggravated Assault With A Deadly Weapon Is Usually A Second-Degree Felony
Under Texas Penal Code § 22.02, aggravated assault is ordinarily a second-degree felony. Texas Penal Code § 12.33 provides that a second-degree felony is punishable by two to twenty years in the Texas Department of Criminal Justice and a possible fine of up to $10,000.
That punishment range makes these cases extremely serious even when the accused has never been convicted of a felony before. A conviction can also create long-term consequences involving employment, professional licensing, housing, firearm possession, and future criminal cases.
The exact punishment exposure can change depending on the facts, criminal history, alleged victim, and any additional charges filed from the same incident.
Some Aggravated Assault Cases Can Become First-Degree Felonies
Texas Penal Code § 22.02 contains circumstances that can increase aggravated assault to a first-degree felony. One example involves using a deadly weapon and causing serious bodily injury to a family member, household member, or person in certain dating relationships. The statute also contains enhanced provisions involving certain public servants, witnesses, informants, security officers, process servers, and other specifically protected persons.
Texas Penal Code § 12.32 provides that a first-degree felony is punishable by five to ninety-nine years or life in prison, along with a possible fine of up to $10,000.
Because the difference between a second-degree and first-degree felony is substantial, we review the indictment carefully and determine exactly what enhancement the prosecution is claiming.
Self-Defense Can Be Central To The Case
Many aggravated assault cases begin with a confrontation in which both people accuse the other of being the aggressor. Texas law recognizes the right to use force in self-defense under certain circumstances. Texas Penal Code § 9.31 addresses the use of force in self-defense, while § 9.32 addresses deadly force.
Under § 9.32, deadly force may be justified when a person would be justified in using force under § 9.31 and reasonably believes deadly force is immediately necessary to protect against another person’s use or attempted use of unlawful deadly force or to prevent certain serious violent crimes. Texas law also provides circumstances in which a person who has a legal right to be present, did not provoke the confrontation, and is not engaged in criminal activity has no duty to retreat before using justified deadly force.
Self-defense cases often turn on seconds of activity. We examine who initiated the confrontation, whether threats were made, whether weapons were displayed, the distance between the parties, injuries, surveillance footage, witness accounts, 911 calls, and physical evidence.
The Government Must Prove More Than An Argument Happened
An accusation alone is not proof beyond a reasonable doubt. Assault cases frequently involve conflicting stories, strong emotions, alcohol, family disputes, or witnesses who saw only part of the incident. We look for inconsistencies between the initial report and later statements, differences between witness accounts, physical evidence that does not fit the allegation, and statements captured on body-camera or surveillance recordings.
The prosecution must also prove the required mental state. Under Texas Penal Code § 22.01, the mental state depends on the type of assault alleged. A bodily-injury assault may involve intentional, knowing, or reckless conduct, while a threat-based assault requires proof that the threat was intentional or knowing.
Those distinctions can matter when the confrontation was accidental, defensive, misunderstood, or exaggerated after the fact.
Gun Cases Require Close Examination Of The Evidence
Firearms are commonly involved in aggravated assault with a deadly weapon allegations. A person may be accused of pointing a gun, displaying it during an argument, firing a warning shot, shooting toward another person, or using the firearm during a physical confrontation.
We examine whether the firearm was actually displayed, whether witnesses could clearly see what occurred, whether the gun was operable, where it was recovered, whether fingerprints or DNA were collected, and whether video evidence exists. We also review whether the accused lawfully possessed the firearm and whether the circumstances support a self-defense claim.
A witness saying, “He had a gun,” does not answer every legal question. The prosecution still has to prove the elements of the charged offense.
Statements To Police Can Become Important Evidence
People accused of aggravated assault often want to explain what happened immediately after police arrive. That can create problems when emotions are high, and the person does not yet understand what witnesses have told officers.
Statements made during the investigation may later be compared with surveillance video, 911 recordings, text messages, body-camera footage, and witness testimony. Even a minor inconsistency can be used by prosecutors to attack credibility.
When we review the case, we pay close attention to what was said, when it was said, whether the person was detained or in custody, and whether constitutional protections were followed during questioning.
Frequently Asked Questions About Aggravated Assault With A Deadly Weapon In Texas
Can I Be Charged With Aggravated Assault If Nobody Was Injured?
Yes. Texas Penal Code § 22.02 allows an aggravated assault charge when a person uses or exhibits a deadly weapon during an assault, even if the alleged victim did not suffer serious bodily injury. This frequently arises in cases involving threats with firearms, knives, or other objects alleged to be deadly weapons.
The prosecution still has to prove the underlying assault and the deadly weapon element. If the accusation is based on a threat, the state may need to establish that the accused intentionally or knowingly threatened another person with imminent bodily injury. We examine whether the alleged threat actually occurred, whether the witness accurately perceived the event, and whether video or other evidence supports the accusation.
Is Pointing A Gun At Someone Aggravated Assault In Texas?
It can be. A firearm is included within the statutory definition of a deadly weapon under Texas Penal Code § 1.07. If prosecutors claim the gun was used or exhibited while the accused intentionally or knowingly threatened another person with imminent bodily injury, aggravated assault charges may follow.
The circumstances still matter. We look at whether a gun was actually pointed, whether it was merely present, whether the accused was acting in self-defense, whether witnesses had a clear view, and whether other evidence supports or contradicts the allegation.
What Is The Sentence For Aggravated Assault With A Deadly Weapon In Texas?
Aggravated assault under Texas Penal Code § 22.02 is generally a second-degree felony. Under Texas Penal Code § 12.33, the sentencing range is two to twenty years in prison and a potential fine of up to $10,000.
Certain circumstances can increase the charge to a first-degree felony. A first-degree felony carries a range of five to ninety-nine years or life in prison under Texas Penal Code § 12.32.
The actual exposure depends on the facts, alleged victim, criminal history, enhancements, and how the case is ultimately resolved.
Can I Claim Self-Defense If I Used A Gun?
Possibly. Texas Penal Code §§ 9.31 and 9.32 recognize circumstances in which force or deadly force may be justified. Deadly force may be justified when a person reasonably believes it is immediately necessary to protect against another person’s use or attempted use of unlawful deadly force or to prevent certain serious violent crimes.
A firearm being used does not automatically defeat a self-defense claim. We examine who initiated the confrontation, whether the threat was immediate, whether the accused reasonably believed serious harm was about to occur, and whether the accused provoked the encounter.
Video, witness statements, injuries, 911 recordings, and physical evidence can become especially important in determining whether self-defense applies.
Speak With Our Galveston Aggravated Assault Defense Lawyer
An aggravated assault with a deadly weapon accusation can expose you to a lengthy prison sentence, a felony conviction, and consequences that may continue long after the criminal case is resolved. At Mark Diaz & Associates, we examine the prosecution’s evidence from the beginning, including witness statements, police reports, body-camera footage, 911 recordings, surveillance video, physical evidence, firearm evidence, and any facts supporting self-defense.
When you hire Mark Diaz & Associates, you work directly with your attorney. Our clients have personal access to their attorney because questions, emergencies, and concerns do not always happen during business hours. You will not simply be handed off to a junior associate or lost in a system where your case becomes one file among dozens. From the arrest and investigation through negotiations, hearings, trial, or another resolution, we remain personally involved and accessible.
Mark Diaz & Associates represents people accused of aggravated assault, firearm offenses, violent crimes, and other serious criminal charges in Galveston and throughout Houston, Texas. Contact our Galveston criminal assault lawyers at Mark Diaz & Associates by calling 409-515-6170 to receive your free consultation.
