The Texas Penal Code says that Aggravated Assault is defined by the deliberate, knowing, or reckless infliction of significant bodily harm upon another individual. It involves using or the display of a lethal weapon during the commission of an assault-related offense.

Significant bodily harm is characterized as physical injury that carries a substantial risk of fatality or leads to death, severe disfigurement, or prolonged impairment or loss of function in any bodily part or organ. Examples of this are grave bodily injuries that include fractures or permanent scarring.

A lethal weapon is defined as any object that, in its manner of use or intended use, has the potential to cause death or grave bodily injury. Some instances under Texas legislation encompass firearms, brass knuckles, motor vehicles, swords or machetes, knives, ropes, baseball bats, among others.

Penalties for aggravated assault in Texas can vary depending on the specific circumstances of the offense, such as whether a deadly weapon was used, the severity of the injuries inflicted, and the victim involved. Here is a general overview of the potential penalties for aggravated assault in Texas:

1. Aggravated Assault (Second-Degree Felony):

   • If committed without a deadly weapon and results in serious bodily injury, it is a second-degree felony.
   • Punishable by 2 to 20 years in prison.
   • A fine of up to $10,000 may also apply.

2. Aggravated Assault with a Deadly Weapon (Second-Degree Felony):

   • If a deadly weapon was used, regardless of whether serious bodily injury occurs, it is a second-degree felony.
   • Punishable by 2 to 20 years in prison.
   • A fine of up to $10,000 may also apply.

3. Aggravated Assault Against a Public Servant (First-Degree Felony):

   • If the victim is a public servant acting in their official capacity, and serious bodily injury occurs, it is a first-degree felony.
   • Punishable by 5 to 99 years or life in prison.
   • A fine of up to $10,000 may also apply.

4. Aggravated Assault with a Deadly Weapon Against a Public Servant (First-Degree Felony):

   • If a deadly weapon is used in an assault against a public servant, regardless of serious bodily injury, it is a first-degree felony.
   • Punishable by 5 to 99 years or life in prison.
   • A fine of up to $10,000 may also apply.

5. Aggravated Assault Against a Family Member or Domestic Partner (Second-Degree Felony):

   • When the victim is a family member or domestic partner, and serious bodily injury occurs, it is a second-degree felony.
   • Punishable by 2 to 20 years in prison.
   • A fine of up to $10,000 may also apply.

6. Aggravated Assault Against a Family Member or Domestic Partner with a Deadly Weapon (Second-Degree Felony):

   • If a deadly weapon is involved in the assault against a family member or domestic partner, regardless of serious bodily injury, it is a second-degree felony.
   • Punishable by 2 to 20 years in prison.
   • A fine of up to $10,000 may also apply.

It's important to note that these penalties are subject to change based on the circumstances of the case, prior criminal history, and the discretion of the court.

Hiring a lawyer for an aggravated assault charge in Texas is highly advisable for several important reasons:

1. Legal Expertise: Our attorneys are trained professionals who understand the complexities of the legal system, including Texas criminal law. We can navigate the legal process, ensuring that your rights are protected and that the best possible defense strategy is employed.

2. Knowledge of Texas Laws: Texas laws regarding aggravated assault can be intricate and specific. Our skilled attorneys will have a deep understanding of these laws, including recent developments and changes, and can use this knowledge to build a strong defense tailored to your case.

3. Case Assessment: Our lawyers can assess the details of your case to identify potential weaknesses or issues with the evidence against you. We will help you understand the strengths and weaknesses of your case and provide guidance on the best course of action.

4. Evidence Gathering: Our attorneys have the resources and experience to gather evidence, interview witnesses, and conduct investigations on your behalf. We can work to uncover evidence that may be favorable to your defense.

5. Negotiation Skills: In some cases, it may be possible to negotiate a plea bargain or reduced charges. Our attorneys can negotiate with the prosecution to potentially secure a more favorable outcome, such as a reduced sentence or alternative sentencing options.

6. Court Representation: If your case goes to trial, our attorneys can represent you in court, presenting your case effectively, cross-examining witnesses, and making legal arguments on your behalf. We have experience with courtroom procedures and can ensure your rights are protected during the trial.

7. Sentencing Advocacy: If you are convicted, our attorneys can advocate for a fair and reasonable sentence, presenting mitigating factors that may influence the judge's decision.

8. Mitigation Strategies: Our attorneys can develop mitigation strategies to minimize the impact of a conviction on your life, such as exploring rehabilitation programs, counseling, or alternative sentencing options.

9. Emotional Support: Facing criminal charges can be incredibly stressful and emotionally taxing. Having an attorney by your side can provide emotional support and reassurance during a difficult time.

Hiring a lawyer for an aggravated assault charge in Texas is essential to ensure your rights are protected, your case is handled effectively, and you have the best chance of achieving a favorable outcome. Legal representation can be instrumental in securing a fair and just resolution to your case.