The Criminal Defense Blog


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Aggravated assault with a deadly weapon is a serious criminal offense in Texas, carrying significant penalties for those convicted. This blog post will provide an overview of this offense, discuss the potential consequences of a conviction, and explore the possible defenses that may be raised in court.

What is Aggravated Assault with a Deadly Weapon in Texas?

Under Texas Penal Code § 22.02, aggravated assault occurs when a person intentionally, knowingly, or recklessly causes serious bodily injury to another person, or uses or exhibits a deadly weapon during the commission of an assault. A deadly weapon is any object that can cause death or serious bodily injury, such as a firearm, knife, or even a vehicle when used with intent.

The statutory requirements for aggravated assault under Section 22.02 of the Texas Penal Code are: commission of assault as defined in Section 22.01 and (1) causing serious bodily injury to another or (2) using or exhibiting a deadly weapon. TEX. PENAL CODE ANN. §§ 22.01-.02 (Vernon Supp. 2006). One of the elements required in the second method of committing aggravated assault is the use or exhibition of a deadly weapon.

Landry v. State, 227 S.W.3d 380, 382 (Tex. App. 2007)

Penalties for Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon is generally classified as a second-degree felony in Texas. Penalties for a second-degree felony include:

  • Imprisonment ranging from 2 to 20 years

  • A fine of up to $10,000

In certain circumstances, such as when the offense is committed against a family member, dating partner, or public servant, the charge may be elevated to a first-degree felony, which carries even more severe penalties:

  • Imprisonment ranging from 5 to 99 years or life

  • A fine of up to $10,000

This blog post was prepared with the assistance of ChatGPT-4 AI. Nothing in this post should be considered legal advice or the creation of an attorney-client relationship. This blog is strictly for informational purposes only.

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