Houston Aggravated Assault Attorney
In the state of Texas, you can be charged with aggravated assault if you knowingly, intentionally, or recklessly cause serious harm or bodily injury to another person. If you use or exhibit any kind of deadly weapon during an assault, it will also be considered an aggravated assault. If you’re facing these types of criminal charges, our Houston aggravated assault attorney may be able to help.
Aggravated assault is typically considered a second degree felony in the state of Texas. If you are convicted of aggravated assault, you could receive a sentence of 2 to 20 years in prison and a fine of up to $10,000. In some cases, however, aggravated assault may become a first degree felony, punishable by between 5 and 99 years in prison and a possible fine of up to $10,000. This occurs when the assault is committed as an act of retaliation against a witness or person reporting a crime.
Aggravated assault may also be charged if the victim is a certain type of public servant, state worker, or security officer who is engaged in performing his or her duties. Assaults against family or household members, such as in cases of domestic or family violence that involve a deadly weapon or that result in serious injury will also be considered aggravated assault. If you’re in need of help with domestic violence charges, contact Paul. He is a skilled and respected domestic violence attorney in Houston.
Aggravated Assaults in Houston as of June 2016
Aggravated assault is a violent crime with serious consequences in the state of Texas. As of June 30th there have been 5,123 aggravated assaults in Houston alone. Here is a look at the number of Houston aggravated assaults by month:
Source: City of Houston Crime Stats
What is Considered a Deadly Weapon?
Be aware that, while the term deadly weapon makes most people think of guns and knives, almost any object can qualify as a deadly weapon if it is used as such. Our Houston gun crimes lawyer has years of experience with these types of cases, but cars, walking canes, coffee pots, plastic bags, flashlights, and even VCRs have also been considered deadly weapons for the purpose of charging a person with aggravated assault, simply because of how these objects were used to inflict injury against another person. Even a butter knife could be considered a deadly weapon if it was held to a persons throat and was used as one. First, however, it is the states job to prove that the item was being used as a deadly weapon at the time.
What is Considered Bodily Injury?
For legal purposes, bodily injury can include more than visible cuts or bruises; the legal definition includes mere physical pain. Serious bodily injury is, of course, more intuitive, and means that the victim sustained a life threatening or permanently disfiguring injury or impairment of some sort as a result of the assault.
Intention is not the point here. Think of the drive-by shooter who recklessly fires a gun and hits an innocent bystander. The person who inflicted the injury is still responsible for his or her actions, regardless of the intent.
Degrees of Aggravated Assault in Texas
- First degree aggravated assault will be charged when the act was committed with deliberation, malice, and forethought. In other words, the person committing the act was very intentional about what he or she was doing at the time and wanted to inflict serious bodily harm upon the victim.
- Second degree aggravated assault is said to occur when the assault is committed without any kind of premeditation or deliberation. Reckless indifference can put lesser charges in this category, as can the protected status of the victim.
- Third or fourth degree aggravated assault charges are considered lesser offenses and are typically brought if significant (not serious) bodily harm came to the victim as a result of the assault. Still, these are serious offenses and can come with some serious legal consequences.
Call Houston Aggravated Assault Lawyer Paul Darrow Today
Paul Darrow is a former prosecutor that handles these cases using his experience gained from years of working in the District Attorneys Office. He now uses his experience, training, inside knowledge, and skill to help his clients.
Paul fights every case with integrity, determination, and innovation, and sees each clients case as a unique set of facts that must be thoroughly examined and investigated. Many times these cases require a trial lawyer that will push the governments case. Once the federal courts are ready to make their case, they will move swiftly. It is important for you to contact a Houston attorney with experience in criminal law for help. If you are facing charges of a federal crime, make sure you have the best defense team available. Call today at (713) 641-5300.