​​What Makes an Assault “Aggravated” in Texas?

If you’ve been charged with a violent assault crime in Texas, it’s essential that you understand the full extent of what you’re facing, as your freedom and future are on the line. All assault convictions come with steep penalties, but some, such as aggravated assaults, are more severe. 

As a criminal defense law firm based in Austin, we’ve seen it all. Chris Perri Law has extensive experience handling sensitive cases, such as aggravated assault, sexual assault, and family violence. In this article, we’ll clarify what exactly makes an assault “aggravated,” and we’ll walk you through what you need to know if facing an aggravated assault charge in Travis County or nearby. 

The Legal Definition of Assault

According to the Texas Penal Code (Section 22.01), a person commits assault if they:

• Intentionally, knowingly, or recklessly causes bodily injury to another, including the person's spouse;  

• Intentionally or knowingly threatens another with imminent bodily injury, including the person's spouse; or

• Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative.

Essentially, if you physically hurt someone or threatened to, then you may have committed assault. This is true whether the harm was caused on purpose or recklessly.

However, if the harm caused was an accident and did not stem from behavior a reasonable person would consider “reckless,” then you did not commit assault, according to Texas Law. This distinction can be tricky to prove, but a thorough criminal defense attorney can help.

Further, if you and your lawyer can prove that you acted in self-defense, then you have not committed a crime. To read more about arguing self-defense in Texas, click here. 

Simple vs. Aggravated Assault

The Texas Penal Code (Sec 22.02) states that an assault is “aggravated” if one or both of the following is true:

• The assault caused serious bodily injury. Examples include broken bones, scarring, or permanent disability.

• The assault involved a potentially deadly weapon, such as a firearm, knife, baseball bat, or even a car.

So, in most cases, an assault is considered “simple” if it does NOT cause serious bodily injury or involve a deadly weapon. If it does, then the Texas law qualifies the assault as “aggravated.”

In addition, an assault can be elevated to “aggravated” assault status if any of the following are alleged:

• The defendant strangulated a family member or dating partner.

• The assault occurred in conjunction with another crime, such as rape or robbery.

• The victim is a police officer or public servant.

• The offender has a prior assault conviction related to family violence and is now alleged to have committed a new family violence offense.

If an assault is deemed “aggravated,” then the penalties are typically harsher. That said, it’s important to remember that the prosecution is responsible for proving—beyond a reasonable doubt—that you committed an assault and that the aggravated qualifiers were met. A seasoned advocate on your side can make sure that the prosecution is held to the highest of standards when making their claims. 

Is Aggravated Assault a Felony?

Yes. According to the Texas Penal Code, most aggravated assaults are second-degree felonies, punishable by two to twenty years in prison and a fine of up to $10,000.

However, in certain circumstances, aggravated assault is a first-degree felony, which is the highest level of crime. For instance, if a person uses a deadly weapon and causes serious bodily injury against their romantic partner, family member, or someone in their household, then the assault will likely be charged as a first-degree felony. Aggravated assault against a security officer or a witness in a trial is also a first-degree felony. 

First-degree felony-level aggravated assault charges are extremely serious, as they carry a maximum sentence of life in prison.  

I’ve Been Charged with Aggravated Assault. What Should I Do?

If you or someone you care about has been arrested for an assault of any type, whether it be family violence, sexual assault, or aggravated assault, the first step you should take is to hire a quality criminal defense attorney.

Too often, we see people wait to hire a criminal lawyer and end up incriminating themselves further by trying to talk their way out of the charges. Regardless of your guilt or innocence, it is your constitutional right to have legal counsel as soon as police begin investigating you. We highly recommend that you do not speak with any law enforcement official without an attorney present. 

When choosing a lawyer, be mindful of taking shortcuts and choosing the cheapest option. Many people hire us after a prior attorney has failed them. It’s essential to find a lawyer who has ample experience in violent crime, has a history of success, is organized and professional, and who you feel deserves your trust. 

If You’ve Been Arrested for Assault, Chris Perri Law Can Help

At Chris Perri Law, we pride ourselves on treating each case as unique and keeping our caseload low so that we can give each client our highest level of attention. An award-winning attorney with over fifteen years of experience, Chris Perri has successfully helped countless clients facing aggravated assault charges in and around Austin. He’s won trials, proved self-defense, had cases dropped, negotiated favorable plea deals that avoid prison time, and overturned wrongful convictions. 

If you’ve been arrested for a violent crime, such as aggravated assault or domestic violence in Travis, Hays, or Williamson County, we’re here to help. Call Chris Perri Law at (512) 269-0260 or contact us here to schedule your free, confidential consultation today.