What Is The Jail Time For Aggravated Assault In Texas?

What Is The Jail Time For Aggravated Assault In Texas?

If someone in Texas threatens, causes, or recklessly puts someone at risk of serious bodily harm, they could be charged with aggravated assault. This severe charge can lead to felony penalties and jail time. The Texas Department Of Public Safety (DPS) states that 76,000 people were arrested for aggravated assault in 2019 alone. Have you been charged with aggravated assault? You need an attorney to protect your rights, so contact our Galveston County assault defense lawyer at Mark Diaz & Associates today.

Aggravated Assault Definition In Texas

The law states that aggravated assault is knowingly, intentionally, or recklessly causing someone serious bodily harm. Or, it means using or exhibiting a deadly weapon while committing an assaultive crime.

Serious bodily harm means bodily injury 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. Broken bones or permanent scarring are examples of severe bodily injury.

A deadly weapon is defined as anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Some examples under Texas law are guns, brass knuckles, motor vehicles, swords or machetes, knives, ropes, baseball bats, etc.

What Is The Punishment For Aggravated Assault?

In Texas, aggravated assault is a second-degree felony that can be punished by two to 20 years in prison and a fine of up to $10,000. However, the charge may be upgraded to a first-degree felony in these cases:

• You used a deadly weapon to engage in a domestic assault and caused severe bodily harm.
• The assault was committed against a public servant who was acting in their work capacity at the time of the incident.
• You committed aggravated assault to retaliate against an informant, witness, or someone who reported a crime.
• You shot a gun from a motor vehicle at another vehicle, home, or building with reckless disregard for whether it was occupied and in discharging the gun, serious bodily injury to any person was caused.

If you are convicted of a first-degree felony for aggravated assault, you can receive between five and 99 years in prison. The fine may be up to $10,000.

Aggravated Assault By Threat Charge

Another situation to be aware of is that you can be charged with this crime if you ‘exhibit’ a deadly weapon and the alleged victim says they felt threatened by death or serious bodily injury. So, if you were simply holding a deadly weapon and the other party says they were afraid for their life, you could face an aggravated assault charge. There are scenarios where an aggravated assault charge with a deadly weapon can get confusing and controversial:

Self-Defense

Suppose someone threatens you and you are legally carrying your Glock under your coat. You pull out your gun to avoid harm and show the other person the weapon so they will leave you alone. This sounds like a case of self-defense, but there are situations where law enforcement will talk to both sides and discover you had a gun. So, they assume you were the aggressor and arrest you for aggravated assault.

However, with a skilled attorney helping you, fighting this charge can be beneficial for you because the prosecutor must prove beyond a reasonable doubt that you possessed the requisite intent regarding the other person. Just because the alleged victim claims they felt their life was in danger does not make it true. Your attorney may show these claims were baseless.

Road Rage

Suppose you are driving in Galveston County and a driver in a pickup truck cuts you off and forces you onto the shoulder. What happens if they leave the truck, charge your vehicle, and curse you? If you pull out your legally-concealed handgun because you feel threatened and feel it is necessary to eliminate the threat, can you be charged with aggravated assault? It doesn’t seem like you should be, but it is possible. All the police might see is that you had the weapon and the other claims that you made them fear for their safety.

Defenses To An Aggravated Assault Charge

An aggravated assault charge is serious, but there are potential defenses that your attorney may consider. However, no matter how serious the situation, remember the prosecutor must prove their case beyond a reasonable doubt to convict you.

So, your Galveston County aggravated assault lawyer will attempt to undermine the prosecution’s case and raise doubt in the minds of the jury. Some aspects of the case that could raise reasonable doubt are:

• Whether there was intent, knowledge, or recklessness
• Whether a ‘serious bodily injury’ occurred
• Whether an assault occurred, which is required for the prosecutor to charge you with aggravated assault
• Whether the contact with the alleged victim was provocative or offensive
• Whether any threats could have resulted in imminent bodily harm

If your attorney can raise a reasonable doubt about these factors, a pretrial dismissal or acquittal after trial is possible. That said, remember that the prosecutor would usually prefer ‘something’ to ‘nothing.’ So, if an acquittal is not in the cards, your attorney might be able to convince them to reduce the charge to misdemeanor assault, which is a Class A or Class B misdemeanor.

Rather than years in prison, a misdemeanor conviction could result in no more than 1 year in county jail, but could also result in no jail time at all. Also, the conviction, in this case, would be for a misdemeanor, not a felony – a significant distinction.

Also, if you face an aggravated assault charge, having an attorney as early as possible is essential. As noted above, there are circumstances where there is flimsy evidence that the defendant threatened someone and made them fear for their life. This charge is a felony, so it has to be shown to the grand jury.

Your attorney can request to be involved in this early phase and if the state allows, it is possible to attempt to intervene and secure a no-bill so you are not indicted. A no-bill means that the case is dismissed, and you are essentially free of the charge and arrest. In most all situations too, it means that you can later have the matter expunged from your record.

What Should You Do When You Are Arrested?

When you are arrested for aggravated assault, your attorney will probably not be there. So, it is up to you at that point to protect your rights. The first thing to remember is to stay silent and not answer the police’s questions. Invoke your constitutional rights to 1) remain silent and 2) your right to counsel.

Also, do not accuse anyone else of misconduct. Nothing you say will help you, and everything will be used against you later. All you should say to the police is that you want to talk to an attorney. Far too many defendants damage their defense case by saying things during the arrest that incriminate them or their words are twisted and somehow used against them later.

Furthermore, attempt no communication with the alleged victim if you know them, and do not accept any ‘deal’ law enforcement offers you; they are not authorized to do so, anyway in that stage of the proceeding. Finally, if you must go to court before seeing an attorney, always plead not guilty to preserve your rights.

When selecting your criminal defense attorney, remember that the least expensive legal option is often not the best. Many people hire Mark Diaz & Associates after another attorney did not produce the desired results. It is essential to hire an attorney with ample criminal defense experience in violent crime charges, including aggravated assault.

Consequences Of An Aggravated Assault Conviction

You can receive years in prison and fines for aggravated assault in Texas. There are many severe ramifications after serving your sentence that could plague you for years:

• You may be unable to vote, hold public office, or own guns.
• You may have to tell potential employers and others that you have a felony conviction, which could immediately disqualify you.
• Even if you do not have to disclose your conviction, it could be found during a background check.

In addition, if the aggravated assault involved a member of your family, it is a domestic violence incident. This means the judge will likely issue an order of protection, also called a protective order. This means you may not communicate with or contact the victim and may not be allowed to be around them. So, if you have a home with that person, you could need to find another place to live.

Is Aggravated Assault Always A Felony?

Yes. Most aggravated assault convictions are second-degree felonies that may be punished by two to 20 years in prison and a possible $10,000 fine. However, if you used a weapon and caused severe bodily injury to a domestic partner or family member, it is a first-degree felony. In addition, aggravated assault against a police or security officer is also a first-degree felony.

Contact Our Galveston County Assault Defense Lawyer

Being convicted of Texas assault charges can upend your life, but with the help of a criminal defense attorney, you have a better chance at resolving the case in your favor.  If you are not indicted, it is possible to have the charge expunged from your record later, but you need to have an attorney helping you as early in the case as possible. Contact our Galveston County assault defense lawyer at Mark Diaz & Associates today for help at (409) 515-6170.