What Is Aggravated Assault in Texas?

Charges for aggravated assault are some of the most serious criminal charges in the penal code of the Lone Star State. But what is aggravated assault in Texas? Unlike basic assault offenses, aggravated assault involves aggravating factors that elevate the assault to felony status — often the use of a weapon, infliction of severe injuries, or an assault crime carried out against a protected class. 

Aggravated assault crimes carry prison sentences measured in years or decades, rather than months. If you’re facing charges, you need the best Houston criminal attorney you can possibly find, before it’s too late.  

Former State District Court Judge and Chief Prosecutor E.R. "Ned" Turnbull brings a perspective few defense attorneys can match. He’s presided over violent crime cases and prosecuted serious felonies; he understands how the other side builds their case — and how to dismantle it.

If you're facing aggravated assault charges in Harris, Brazos, or Montgomery County, the decisions you make in the coming days will shape the rest of your life. Call Turnbull Legal Group today at (832) 314-3232 or schedule a consultation online to protect it. 

What is the most serious form of assault?

Aggravated assault is the most serious form of assault in Texas. It’s always a felony, and can be elevated to a first-degree felony charge that carries a life sentence in prison. But aggravated assault isn’t only serious when it’s in the first degree; prison sentences for even the least severe aggravated assault sentences can range from 2 – 20 years.

The distinction between first and second-degree charges often hinges on the severity of the injuries themselves, the use of a firearm, and the relationship between the accused and the alleged victim. A common aggravating factor is familial relationships, and family violence charges in Texas are often aggravated. 

If you’ve been charged with aggravated assault of any kind, it’s important that you hire an assault attorney for your specific type of case. For instance, if you’ve been charged with assault family violence, a Houston domestic violence lawyer will be able to better defend against your aggravated assault charge.

How serious is a first-time assault charge in Texas?

Even a first-time aggravated assault charge in Texas is extraordinarily serious. Unlike some charges, for which judges may offer lenient treatment for first offenders, aggravated assault charges are treated as felonies regardless of your criminal history. There are no "first-time offender programs" that reduce aggravated assault to a misdemeanor. A conviction means prison time is not just possible — it's almost a certainty.

First-time defendants face several harsh realities:

The prosecution doesn't consider whether this is your first brush with the law when deciding whether to pursue maximum penalties. District attorneys in Harris, Brazos, and Montgomery Counties aggressively prosecute violent crimes. They view aggravated assault as a serious threat to public safety and allocate significant resources to securing convictions.

Being a first-time offender can, however, create some advantages for your attorney. Clean criminal history strengthens arguments for reduced charges, alternative sentencing, or pre-trial diversion in borderline cases. The key is having an aggravated assault attorney who knows how to leverage these factors with prosecutors and judges.

The difference between assault and battery in Texas

Texas law doesn’t recognize battery as a separate criminal offense. Unlike many states that distinguish between assault (threatening harm) and battery (physical contact), the Texas Penal Code consolidates both concepts under the single charge of assault.

Under Texas Penal Code § 22.01, assault occurs when a person:

• Intentionally, knowingly, or recklessly causes bodily injury to another person
• Intentionally or knowingly threatens another with imminent bodily injury
• Intentionally or knowingly causes physical contact with another when the person knows or reasonably believes the contact will be regarded as offensive or provocative

Texas prosecutors can charge assault based solely on threatening behavior, even without physical contact. The absence of a battery statute doesn't make Texas assault law more lenient; it just means the prosecution has broader grounds for filing charges.

What is the difference between assault and aggravated assault in Texas?

While there are many ways in which assault can become aggravated in Texas, the fundamental difference between simple assault and aggravated assault lies in two factors: the severity of injury and the use of weapons. 

What is simple assault in Texas? Simple assault typically involves:

• Minor injuries that don't meet the "serious bodily injury" standard
• Threatening gestures or words that put someone in fear
• Unwanted physical contact considered offensive or provocative
• No use of deadly weapons

Aggravated assault requires one of these elements:

• Serious bodily injury to the victim
• Use or exhibition of a deadly weapon during the assault
• A victim who is from a protected class

The other largest difference between assault and aggravated assault? Simple assault is typically a misdemeanor, while aggravated assault is always a felony. 

What is aggravated assault?

What makes assault aggravated? Texas law elevates simple assault to aggravated assault when aggravating circumstances create a clear and present danger to the victim's life or long-term health. There are a few ways in which this enhancement is usually triggered:

Serious bodily injury

The Texas Penal Code defines "serious bodily injury" as injury that creates substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. This standard requires more than temporary pain or minor cuts and bruises.

Deadly weapon usage

The second major path to aggravated assault charges involves using or exhibiting a deadly weapon during the assault — even if serious injury doesn't result. Texas takes an expansive view of what constitutes a "deadly weapon," making this enhancement easier to apply than many defendants expect.

A deadly weapon includes any firearm or “anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury.” This covers ordinary household objects — and can even apply to bare hands — if used or intended to be used in a manner capable of causing death or serious injury.

This means that prosecution doesn't need to prove the weapon was actually capable of causing death — only that it was used in a manner that could cause serious injury. Even displaying a weapon during an altercation can be sufficient. This broad interpretation means Texas assault with a deadly weapon charges arise from situations that defendants never perceived as involving "weapons" in the traditional sense.

Protected classes

Texas law provides additional protection for certain classes of individuals, automatically elevating assault charges to when victims fall into protected categories. Even simple assault against these individuals can be charged as a felony, and aggravated assault against protected classes often results in first-degree felony charges with enhanced sentencing ranges.

Some protected classes under Texas law include public servants performing official duties, family and household members, security officers, disabled individuals, and pregnant women. 

Aggravated assault examples

Looking at some real-world scenarios can help illustrate how Texas courts apply aggravated assault statutes. The following examples describe (fictional) circumstances that commonly result in felony charges:

1. Domestic altercations: During a heated argument, a man shoves his girlfriend into a wall, causing her to strike her head and lose consciousness briefly. She's taken to the hospital and diagnosed with a concussion. Even without a weapon, the serious bodily injury elevates this to second-degree aggravated assault. If they live together, it can be enhanced to first-degree aggravated assault under family violence provisions.
2. Bar fights: Two patrons get into a dispute over a pool game. One grabs a pool cue and strikes the other across the back, breaking two ribs. The pool cue — an ordinary recreational item — becomes a deadly weapon when used in this manner, making this second-degree aggravated assault even if the victim's injuries aren't permanently disabling.
3. Road rage: After being cut off in traffic, a driver follows another vehicle and points a handgun at the other driver through the window. No shots are fired and no one is injured, but exhibiting the firearm during the confrontation constitutes aggravated assault because firearms are per se deadly weapons.

These scenarios demonstrate how quickly ordinary conflicts often escalate into life-altering felony charges. The circumstances matter enormously, which is why Ned Turnbull's experience as both a judge and prosecutor proves invaluable — he's evaluated these exact situations from every angle in the courtroom, and knows these cases from every angle.

What is the sentence for aggravated assault in Texas?

Sentencing for aggravated assault in Texas depends on whether the offense is classified as a first-degree or second-degree felony, along with any enhancement factors that might apply. The Texas Penal Code establishes baseline sentencing ranges, but judges have discretion within those ranges based on case specifics.

Here's a general sentencing framework for assault convictions in Texas:

Beyond the statutory ranges, judges consider a number of other factors when determining specific sentences. Aggravating factors that increase sentences include:

• Extent and permanence of victim's injuries
• Use of particularly dangerous weapons
• Victim's age (children or elderly victims)
• Defendant's criminal history
• Whether assault occurred in presence of children

Mitigating factors that may reduce sentences include:

• Lack of prior criminal history
• Evidence of provocation
• Participation in anger management or substance abuse treatment
• Strong family and employment ties
• Mental health issues affecting judgment

Penalties for assault in Texas are severe, and the reality is that most aggravated assault convictions result in prison time. This isn't a charge where people often get probation on first offenses. Prosecutors and judges treat violent crime seriously, particularly in cases involving weapons or severe injuries. 

Can an aggravated assault charge be dismissed in Texas?

Yes, aggravated assault charges can be dismissed in Texas, but dismissal requires either proving the State's case has fatal flaws or negotiating with prosecutors from a position of strength. Dismissals don't happen because victims drop charges — only prosecutors can dismiss criminal cases — and they rarely do so without compelling legal or evidentiary reasons.

Common grounds for dismissal include:

• Lack of evidence. If the prosecution cannot prove every element of aggravated assault beyond a reasonable doubt, the case may be dismissed.
• Self-defense. Texas law permits the use of force — including deadly force — under specific circumstances. If evidence shows the defendant acted in lawful self-defense, prosecutors may dismiss charges rather than risk acquittal at trial. The self-defense laws in Texas can provide what is called an affirmative defense to assault crimes.
• Constitutional violations. If law enforcement violated the defendant's Fourth Amendment rights during arrest or search, or Fifth Amendment rights during interrogation, essential evidence may be suppressed. Without that evidence, the prosecution's case may collapse.

Ned Turnbull's experience as a former Chief Prosecutor gives him unique insight into how prosecutors evaluate cases and make dismissal decisions. Having built these cases from the prosecution side, Ned knows their pressure points and strategic vulnerabilities. Working with a criminal attorney who understands both sides of the courtroom gives you the best chance at a positive outcome, whether that be dismissal, strong negotiation, or a not guilty verdict.

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