The law in Texas is very stringent when it comes to assault violations. A conviction for assault with a dangerous weapon, sometimes known as aggravated assault, can result in several years behind bars, steep fines, and other long-term restrictions on your freedom and future.
If you’re in the Pearland or Houston area and have been charged with a second or first-degree felony for aggravated assault, you should speak with an experienced criminal defense lawyer straight away to make sure your rights are upheld.
Sections & Penalties For Using A Deadly Weapon In An Assault In Texas
In Texas, if a person uses or displays a dangerous weapon while committing an aggravated assault, they may be charged with aggravated assault with a deadly weapon under section 22.02 of the penal code. One of the following actions constitutes this offense:
• Using or showing a lethal weapon to maliciously or deliberately threaten another with impending physical harm;
• Using a dangerous weapon to intentionally, deliberately, or carelessly inflict bodily harm on another person
In Texas, the maximum punishment for aggravated assault with a dangerous weapon is 20 years in prison and a $10,000 fine. The facts of your case, the results of the pre-trial inquiry, and the viability of your witnesses’ testimony will ultimately determine the result of your case.
In The Event Of A Deadly Weapon Assault, The Following Could Be Effective Defenses:
Self Defense: According to the law, you are justified in using deadly force against someone else to defend yourself or a third party if you have a good basis to believe that doing so will prevent the attacker from using or attempting to use lethal force.
Defense Of Property: You may use lethal force to defend your property if you are unable to defend your land or possessions by other means and you have a good faith belief that doing so will halt the immediate commission of certain major offenses, such as arson, burglary, violent robbery, and stealing at night.
Charges Of Aggravated Assault Using A Deadly Weapon
According to the Texas Penal Code, a “Deadly Weapon” is anything that is a firearm or that is created, modified, or intended with the intent to cause great bodily harm or death; or, Anything designed for use that has the potential to result in fatal or severe physical harm.
You can conduct this felony by pointing a gun at someone else, shooting and injuring someone with a gun, or hitting or threatening someone with a non-firearm lethal weapon, like a knife or other blunt instrument that can inflict significant physical harm or death.
The Effects Of Collateral Damage On Your Future
The additional repercussions of a conviction for aggravated assault with a dangerous weapon in Texas often come as a shock to those who have already served their term. These are the consequences and limitations in law that follow you, and they are more severe if you are found guilty of a felony. For illustration:
You might not be able to exercise important civil rights including the ability to vote, hold public office, and own a gun. A felony conviction may be a requirement when applying for a job, government benefits, housing, and other situations. Doing so could result in your disqualification, and failing to disclose could result in extra fines. A background check may reveal the information, even though the person is not compelled to divulge information regarding a conviction for violent assault.
Faq’s
Section 22.02
$10,000
2 to 20 years
Explosive devices, Firearms like handguns or rifles, knives, etc.
No