Austin Aggravated Assault Defense Attorney

An aggravated assault charge in Texas is a serious felony that can result in years of prison time, heavy fines, and a permanent criminal record. If you are facing this type of charge, the decisions you make in the coming days will directly shape how your case unfolds. Getting the right information now puts you in a stronger position to protect your future. Reach out to O’Connell West, PLLC at (512) 547-7265 or contact us online to schedule a consultation with our Austin aggravated assault attorney today.

Charged With Aggravated Assault Using a Deadly Weapon in Texas?

Texas law treats aggravated assault as one of the most heavily punished violent offenses on the books. You can be charged with aggravated assault in Texas simply for threatening someone while holding a deadly weapon, even if no one is physically harmed. Prosecutors in Travis County only need to show that you used or exhibited a weapon in a way that placed another person in fear of imminent serious bodily injury.

Understanding Aggravated Assault Laws in Texas

Under Texas Penal Code § 22.02, aggravated assault occurs when a person commits an assault and either causes serious bodily injury or uses or exhibits a deadly weapon. The distinction between simple assault and aggravated assault comes down to the level of harm or the involvement of a weapon.

What Qualifies as a Deadly Weapon Under Texas Law?

Texas law defines a deadly weapon as anything capable of causing death or serious bodily injury in the manner it is used or intended to be used, which means everyday objects can qualify. Common weapons include:

• Firearms and knives
• Vehicles used to strike or threaten someone
• Baseball bats, hammers, or other blunt objects
• Bottles, bricks, or rocks
• Hands and feet, in certain circumstances

What Counts as Serious Bodily Injury in Texas?

Serious bodily injury refers to harm that creates a substantial risk of death, causes permanent disfigurement, or results in the prolonged loss or impairment of a bodily function, organ, or body part. Examples include fractures, severe lacerations requiring surgical treatment, paralysis, and traumatic brain injuries.

Penalties for Aggravated Assault With a Deadly Weapon in Texas

The penalties for aggravated assault depend on the circumstances of the offense and the relationship between the accused and the alleged victim. Prior convictions, gang involvement, or offenses committed during another felony can increase the minimum sentencing:

• Second-Degree Felony: Can mean 2 to 20 years in prison and fines up to $10,000 for most aggravated assault cases involving a deadly weapon or serious bodily injury.
• First-Degree Felony: Can mean 5 to 99 years or life in prison when the offense involves a family member, dating partner, public servant, witness, or informant.

Additional Consequences of an Aggravated Assault Conviction

A felony conviction for aggravated assault involves more than prison time and fines. You may face lasting restrictions that affect your daily life and opportunities:

• Loss of the right to own or possess firearms under federal law
• Difficulty finding employment due to a violent felony on your record
• Loss of professional licenses or certifications
• Immigration consequences, including deportation for non-citizens
• Loss of voting rights during incarceration and parole
• Ineligibility for certain government benefits and housing programs

Is Probation Possible for Aggravated Assault in Texas?

Probation, or community supervision, is possible in some aggravated assault cases. However, it depends heavily on the facts and your criminal history. For a second-degree felony, a judge may grant probation of up to 10 years if the case goes to trial, or a plea agreement may include deferred adjudication. Cases involving family violence or certain weapon enhancements face additional restrictions that can limit probation eligibility.

Can Aggravated Assault Charges Be Dismissed in Texas?

Yes, aggravated assault charges can be dismissed. However, it requires identifying weaknesses in the prosecution’s case early on, including insufficient evidence, unreliable witness testimony, and violations of your constitutional rights. Each case filed through the Travis County District Attorney’s office is different, and the path to dismissal depends entirely on the specific facts involved.

Common Defenses to Aggravated Assault With a Deadly Weapon

Several defenses may apply depending on the circumstances of your arrest and the evidence the State has collected. An effective criminal defense strategy focuses on the specific weaknesses in the prosecution’s case, and some of the most common approaches include:

• Self-defense or defense of a third party
• Lack of intent to cause serious bodily injury
• Mistaken identity or false accusation
• The object used does not meet the legal definition of a deadly weapon
• Constitutional violations during the arrest or interrogation
• Insufficient evidence to prove the elements of the offense

Statute of Limitations for Aggravated Assault in Texas

In Texas, the statute of limitations for aggravated assault under Texas Code of Criminal Procedure Art. 12.01 was recently extended from three to five years. That means the state now has five years from the date of the alleged offense to file charges. If you were involved in an incident that occurred some time ago and are now facing charges, the timing of the filing is worth reviewing with our criminal defense attorneys.

Trusted Aggravated Assault Defense Lawyers in Austin, TX

At O’Connell West, PLLC, our Austin aggravated assault attorneys understand how the Travis County District Attorney’s Office builds these cases and what it takes to challenge them. We review the evidence, examine how the arrest was handled, and identify every available defense before advising on next steps.

Whether your case involves a disputed weapon, a self-defense claim, or a situation where the facts have been misread, we are prepared to represent you at every stage.

Contact Our Austin Aggravated Assault Attorney Team Today

An aggravated assault charge demands immediate attention, and having a defense team that understands how cases move through the Travis County criminal courts can make a meaningful difference in the outcome.

Unlike most military defense firms that operate entirely online, O’Connell West, PLLC meets with clients in person. We also represent military service members facing aggravated assault charges under the UCMJ. When your case, your freedom, and your military career are at stake, having an attorney you can sit down with makes a real difference.

Reach out to O’Connell West, PLLC at (512) 547-7265 or contact us online to schedule a consultation with our Austin aggravated assault attorney.