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Locked Up?
Call LeGrande Law!

(281) 684-3500
Practice Areas Assault Crimes Aggravated Assault

Aggravated Assault

An aggravated assault is when an assault occurs, combined with either serious bodily injury or use a deadly weapon. Penalties for conviction of an aggravated assault are more significant than a misdemeanor assault. A conviction is either a 2nd or a 1st degree felony. On top of that, you are not be eligible for parole until you have served half of the prison sentence for an aggravated assault conviction.

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.

Criminal Defense Attorney

Tristan LeGrande Fights Assault Charges

281-684-3500

CLIENT REVIEWS OF LEGRANDE LAW

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Practice Areas Assault Crimes Aggravated Assault

Call top rated Houston criminal defense lawyer Tristan LeGrande directly if you need legal consultation or advice.

(281) 684-3500

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Contact

Address

712 Main Street, Suite 1840
Houston, TX 77002 USA

Telephone

281-684-3500

Fax

713-575-9694

EspaƱol

281-236-2326

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  • Houston Criminal Lawyer – About
  • Practice Areas
    • Assault Crimes
      • Aggravated Assault
    • Asset Forfeiture
    • Driving While Intoxicated (DWI)
    • Drug Crimes
      • Controlled Substances
      • Marijuana / THC Possession
    • Evading Arrest
    • Expunction & Nondisclosure
    • Family Violence
    • Juvenile Law
    • Parole & Probation Violations
    • Racing on a highway
    • Burglary
      • Burglary of Habitation
      • Burglary of Building
      • Burglary of Vehicles
    • Theft Crimes
      • Theft of Firearm
    • Weapon Crimes
      • Unlawful Carrying of a Weapon
      • Possession of Firearm by Felon
      • Theft of Firearm
    • White Collar Crimes
      • Embezzlement
      • Forgery
      • Fraud
      • Fraudulent Use of Identifying Information
      • Money Laundering
      • Texas Money Services Act
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    • Defense of Property
    • Illegal Search and Seizure
    • Self Defense
  • Legal Guides
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