By Graham Norris

The echo of a cell door closing is a sound that changes everything. In an instant, a single allegation can threaten your freedom, your reputation, and your future. An aggravated assault with a deadly weapon charge in Texas is not a simple legal matter; it is one of the most serious felonies you can face.

However, a charge is not a conviction. The law provides avenues for a powerful defense, and the strategy your Fort Worth assault attorney chooses can mean the difference between a prison sentence and protecting your liberty.

What is Aggravated Assault with a Deadly Weapon in Texas?

Under Texas law, a simple assault becomes “aggravated” when certain factors are present. The most common way this happens is through the use or exhibition of a deadly weapon during the incident. Grasping the precise legal definitions is the first step in building your defense. What the Texas Penal Code says about assault provides crucial context for how these charges are structured.

• A Deadly Weapon: This term is broader than you might think. While it includes obvious items like guns and knives, it can also encompass any object used in a way that is capable of causing death or serious bodily injury. Learn more about aggravated assault with a firearm in Texas and how weapon-related charges are prosecuted.
• Serious Bodily Injury: The assault must involve an injury that creates a substantial risk of death, causes permanent disfigurement, or impairs the function of a body part or organ. According to Texas Penal Code Section 1.07, these terms have specific legal definitions that courts use to determine the severity of charges.
• Criminal Intent: The prosecution must prove you intentionally, knowingly, or recklessly caused the injury or threatened the other person.

What to Do If You Are Arrested or Charged

Finding out you are facing a serious felony charge is an overwhelming experience. In the immediate aftermath, knowing the right steps to take is crucial to protecting your rights. Knowing what to do when you’ve been accused of a crime in Texas can help you avoid common mistakes.

• Exercise Your Right to Remain Silent: Politely but firmly state that you will not answer any questions without your attorney present. Do not try to explain your side of the story.
• Secure Legal Representation Immediately: Your first phone call should be to a criminal defense attorney. Early intervention by a lawyer allows them to start challenging the evidence from the very beginning.
• Document Everything You Remember: As soon as you are able, write down a detailed account of the incident, including witnesses, locations, and conversations.
• Avoid Discussing Your Case: Do not talk about the details of your arrest or the allegations with anyone except your lawyer.

The Severe Penalties You Face

A conviction for aggravated assault with a deadly weapon carries severe, life-altering penalties that escalate based on the circumstances of your case.

• Second-Degree Felony Charges: The standard charge is a second-degree felony. According to Texas Penal Code Chapter 12, which governs criminal penalties, a conviction carries a prison sentence ranging from 2 to 20 years and a fine of up to $10,000.
• First-Degree Felony Charges: This applies to assaults against public servants or cases involving serious domestic violence. A conviction carries a potential sentence of 5 to 99 years, or life, in prison, and a fine of up to $10,000.
• Collateral Consequences: A conviction follows you long after you’ve served your time. This includes the permanent loss of your right to vote and to own firearms, and immense difficulty in finding housing and employment.

Building Your Defense: A Strategic Approach

A strong defense requires a meticulous and multi-layered strategy. It is not enough to simply react to the prosecution’s case.

A rigorous defense begins with a fine-tooth comb review of all the evidence. This means scrutinizing police reports for inconsistencies and challenging any procedural errors in the investigation.

At the same time, we work to present you as a whole person, not just a name on a docket. This involves gathering character references and evidence of community ties.

We are also prepared to file aggressive motions to suppress evidence. If the initial stop or arrest was conducted illegally, we can argue that all evidence gathered must be thrown out.

Common Defense Strategies for Aggravated Assault Charges

Every case is unique, and the best defense is always tailored to the specific facts. However, there are several established legal strategies.

• Self-Defense or Defense of Others: You have the right to protect yourself or another person from imminent harm. If you reasonably believed that force was immediately necessary, you may have a valid claim. What the Texas Penal Code says about self-defense is essential for asserting this justification.
• Lack of Intent or Accident: The prosecution must prove you acted intentionally. If the incident was a genuine accident, we can argue that the required criminal intent is missing.
• False Accusation or Misidentification: In heated situations, witnesses can be mistaken. We work to uncover biases and inconsistencies in witness statements.
• Challenging the “Deadly Weapon” Allegation: We can contest whether the object was used in a manner that was truly capable of causing death or serious bodily injury.

Secure Your Future with a Powerful Defense

The strategies and consequences we’ve outlined are the realities that will define your future. When your freedom and reputation are at stake, you need an advocate who fights with dignity and leverages every resource to protect you.

With a proven track record of success, our team has the experience and dedication to make a meaningful difference in your life. Don’t let a single allegation dictate your destiny. Contact us today for a confidential consultation to discuss your case and begin building your defense.