Assault charges in Texas come in various levels of severity, with aggravated assault representing one of the most serious classifications. Unlike simpler assault charges that might result in misdemeanor penalties, aggravated assault is always a felony offense that can dramatically alter the course of your life, potentially resulting in lengthy prison sentences, substantial fines, and a permanent felony record.

This guide explains what constitutes aggravated assault in Texas, with particular focus on the deadly weapon element that most commonly elevates standard assault to aggravated assault.

What Is Aggravated Assault in Texas?

In Texas, an assault becomes “aggravated” when either:

1. The assault causes serious bodily injury to another person, or
2. The person uses or exhibits a deadly weapon during the commission of the assault

Most aggravated assault charges in Texas involve the second scenario—the use or exhibition of a deadly weapon during an assault. This elevation is significant because it transforms what might otherwise be a misdemeanor into a second-degree felony, dramatically increasing the potential consequences.

Understanding “Deadly Weapons” Under Texas Law

Texas law defines a deadly weapon broadly as:

“Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.”

This definition encompasses far more than just obvious weapons like guns and knives. Under Texas law, deadly weapons can include:

Conventional Weapons

The most straightforward deadly weapons include:

• Firearms (handguns, rifles, shotguns)
• Knives
• Clubs
• Brass knuckles
• Tasers or stun guns

Everyday Objects Used as Weapons

Texas courts have recognized that ordinary objects can become deadly weapons based on how they’re used:

• Vehicles (cars, trucks, motorcycles)
• Baseball bats
• Tools (hammers, screwdrivers, wrenches)
• Household items (pots, pans, scissors)
• Chairs or furniture

Parts of the Body

In some cases, even parts of the human body can be considered deadly weapons:

• Fists (particularly in cases involving trained fighters)
• Feet (especially when wearing boots or other heavy footwear)
• Teeth (in biting cases)

The key factor in determining whether something is a deadly weapon is not what the object is, but how it is used or intended to be used in the specific situation.

Aggravated Assault With a Deadly Weapon

Using or exhibiting a deadly weapon during an assault elevates the charge to aggravated assault, which is normally prosecuted as a second-degree felony in Texas. The penalties include:

• 2-20 years in prison
• Fine of up to $10,000
• Permanent felony record

It’s important to understand that you don’t actually have to use the weapon to cause harm—merely displaying or “exhibiting” it during an assault is sufficient for the aggravated charge.

For example, pointing a gun at someone while making a threat, even without firing it, can constitute aggravated assault with a deadly weapon. Similarly, waving a knife during an argument, even without making physical contact, can lead to the same serious charges.

Assault by Threat With a Deadly Weapon

Even if no physical contact occurs, threatening someone with a deadly weapon can still result in aggravated assault charges. This type of offense is sometimes called “aggravated assault by threat.”

To be charged with aggravated assault by threat, you must:

1. Intentionally or knowingly threaten another with imminent bodily injury, and
2. Use or exhibit a deadly weapon during the commission of the threat

For example, pointing a gun at someone and saying “I’m going to shoot you” would constitute aggravated assault by threat, even if you never pull the trigger. The victim must reasonably believe they are in danger of imminent serious bodily injury or death.

Enhanced Penalties for Aggravated Assault

In certain circumstances, aggravated assault can be elevated from a second-degree felony to a first-degree felony, carrying even more severe penalties:

• 5-99 years in prison
• Fine of up to $10,000
• Lifetime consequences of a first-degree felony conviction

Situations that can enhance aggravated assault to a first-degree felony include:

Against Family Members

Aggravated assault against a family member, household member, or current/former dating partner is a first-degree felony. This enhancement recognizes the serious nature of domestic violence involving deadly weapons.

Against Public Servants

Aggravated assault against public servants such as police officers, firefighters, or emergency medical personnel is also a first-degree felony. This enhancement applies when the victim is lawfully discharging their official duties.

Other Protected Categories

Other circumstances that can enhance aggravated assault to a first-degree felony include assaults against:

• Witnesses or informants
• Security officers
• Judges
• Prosecutors

Common Defense Strategies for Aggravated Assault Charges

When facing aggravated assault charges, several defense strategies might be applicable:

Self-Defense

Texas recognizes a person’s right to defend themselves or others from harm. If you reasonably believed you or someone else was in imminent danger, your actions might be justified as self-defense.

Defense of Property

In some circumstances, Texas law allows for the defense of property, though this defense has significant limitations when it involves deadly force.

Lack of Intent

Aggravated assault requires intentional, knowing, or reckless conduct. If your actions were truly accidental and not reckless, this might serve as a defense.

Challenging the “Deadly Weapon” Classification

Your attorney might contest whether the object used actually qualifies as a deadly weapon based on how it was used in the specific situation.

How a Fort Worth Assault Lawyer Can Help

When facing aggravated assault charges, experienced legal representation is crucial. An experienced Fort Worth assault lawyer can:

Challenge the Evidence

Your attorney will thoroughly review all evidence, including:

• Witness statements for inconsistencies
• Police reports for procedural errors
• Video evidence that might contradict accusations
• The alleged “deadly weapon” and whether it qualifies under the law

Identify Procedural Errors

Law enforcement must follow specific procedures when investigating and filing charges. Any errors in these procedures could potentially lead to evidence being suppressed or charges being reduced:

• Improper search and seizure
• Failure to read Miranda rights when required
• Improper handling of evidence

Develop a Strategic Defense

Depending on the circumstances of your case, your attorney might pursue several defense strategies:

• Self-defense claims
• Lack of intent
• Insufficient evidence
• Challenging the deadly weapon classification

Case Study: Self-Defense in a High-Profile Murder Trial

A real-life example of successful defense against serious assault charges involves a case handled by Norris Legal Group. In 2023, founder Graham Norris represented Michael Miller in a high-profile murder trial where Miller was accused of shooting another person.

Norris argued that Miller acted in self-defense to protect his father from an aggressive attacker. By emphasizing the critical moments leading up to the incident, Norris successfully demonstrated that Miller’s actions were justified under Texas law. The jury ultimately acquitted Miller of all charges.

This case highlights how an experienced Texas assault lawyer can effectively shift the narrative and focus on self-defense, even in cases involving deadly weapons.

The Clock Is Ticking: Why Immediate Action Matters

With aggravated assault charges, each passing day potentially weakens your defense. Surveillance footage gets deleted, witnesses’ memories fade, and physical evidence deteriorates. Moreover, prosecutors begin building their case immediately after your arrest—while you may still be wondering what to do next.

The early stages of your case are critical:

• Police reports contain initial impressions that can be difficult to challenge later
• Witness statements given soon after the incident shape the narrative
• Physical evidence requires prompt professional examination
• Constitutional violations must be identified quickly

Don’t face these serious charges alone. Contact Norris Legal Group immediately for a no-cost, confidential case evaluation. Our Fort Worth aggravated assault defense team will assess your situation, explain the specific legal challenges you’re facing, and outline a strategic path forward.

Remember: With decades of potential imprisonment at stake, choosing the right attorney isn’t just important—it’s essential. Your defense begins the moment you call.