An assault becomes aggravated if either serious bodily injury results from the assault, or, a weapon is used or exhibited during the commission of the assault. The penalties for conviction of an aggravated assault are more significant than a misdemeanor assault, and are punished as either a 2nd degree felony, or a 1st degree felony. On top of that, if you are convicted, you will not be eligible for parole until you have served half of your prison sentence (and you are not gauranteed to make parole on your first review!)
Sec. 22.02. AGGRAVATED ASSAULT.
(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person’s spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the servant’s office or employment;
(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;
(D) against a person the actor knows is a process server while the person is performing a duty as a process server; or
(E) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer.
(d) In this section:
(1) “Process server” has the meaning assigned by Section 156.001, Government Code.
(2) “Security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.
WANT TO WIN YOUR CASE?
FACT SPECIFIC ANALYSIS IS ESSENTIAL
AT LEGRANDE LAW WE WIN ASSAULT CASES
Preparing your defense against an assault charge is crucial. Witness testimony, physical evidence and your prior criminal history will be the key considerations in your defense. You need an aggressive attorney that will investigate the facts and evidence thoroughly and will represent you in a zealous way if your case does proceed to trial. Attorney Tristan LeGrande will fight the accusations and hunt down the evidence essential for defending your case.