Aggravated Assault Defense in Brazoria County

How Texas Law Defines Aggravated Assault

Under Texas Penal Code Section 22.02, an underlying assault becomes aggravated when it causes serious bodily injury or involves the use or exhibition of a deadly weapon. The underlying allegation under Section 22.01 may involve causing bodily injury, threatening imminent bodily injury, or making offensive physical contact under specified circumstances.

Serious Bodily Injury

Serious bodily injury is a statutory term for an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or prolonged loss or impairment of a body part or organ. Medical records, photographs, testimony, treatment history, and the nature of the alleged injury can be central to this determination.

Use or Exhibition of a Deadly Weapon

A deadly weapon can include a firearm or an object designed, made, or adapted to inflict death or serious bodily injury. The term can also apply to another object allegedly capable of causing death or serious bodily injury based on its use or intended use. Because this classification is fact-specific, even an everyday object may become part of a deadly weapon allegation.

Felony Classifications Under Texas Penal Code Section 22.02

Aggravated assault is generally charged as a second-degree felony. Under Texas law, that classification can carry two to 20 years in prison and a fine of up to $10,000.

Specific statutory circumstances can elevate the charge to a first-degree felony. These include certain cases involving serious bodily injury, a deadly weapon, and a qualifying family, household, or dating relationship. The statute also addresses specified conduct involving public servants, witnesses, or people reporting crimes. A first-degree felony can carry five to 99 years or life in prison and a fine of up to $10,000. The applicable classification and punishment range depend on the charged subsection and the facts.

Evidence That Can Shape the Defense

We examine whether the State’s evidence supports every required element, including the alleged conduct, identity, mental state, injury classification, and claimed weapon. Depending on the facts, the review may also involve self-defense, defense of another person, conflicting witness accounts, or questions about how physical and digital evidence was collected.

Important areas for review can include:

• Recorded interviews and statements made before or after an arrest
• Surveillance footage, mobile phone videos, photographs, and emergency call recordings
• Medical records and testimony about the alleged injury
• Forensic testing and the handling of any alleged weapon
• Text messages, social media communications, and location information
• Witness credibility, inconsistent accounts, and possible motives