January 27, 2021

aggravated assault with a deadly weapon first offense texas

The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. Only someone familiar with the local criminal court system and cases like yours will know how good your chances are for a favorable outcome in court or at the negotiating table. To be charged with an aggravated assault, you need to either cause serious bodily harm or use a deadly weapon in a simple assault. Most often, an aggravated assault with a deadly weapon is a second-degree felony (see Texas Penal Code § 22.02(b)). knowingly discharging a firearm at a person(s), house, building or vehicle with reckless disregard for whether the house, building or vehicle is occupied. A minor cut, scrape, or bruise is a not serious bodily injury, but loss of an eye or permanent scarring would be considered serious bodily injury. How Far Does the First Amendment Go to Protect Violent Speech? They got the gun and it was loaded and it was not registered to him. § 22.01 using or exhibiting a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive. Regular assault can be committed by hurting someone, making an imminent threat to hurt someone, or causing offensive physical contact with someone. The attorney listings on this site are paid attorney advertising. Certain serious offenses known as 3g offenses in Texas require an inmate to serve half the sentence before becoming parole eligible. I called 911 and the police arrested him. An object is a deadly weapon if it likely can cause death or great bodily harm. 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. The court postpones sentencing for a period of time on the condition that the defendant successfully complies with probation and certain other requirements, such as no new arrests or criminal offenses during the conditional period, paying restitution, or doing volunteer work in the community. If you are convicted later of another crime, the court can consider your prior conviction and impose a harsher sentence in the new case. (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 ; Committing serious bodily injury … An aggravated assault is a second degree felony except in the following circumstances in which it is a first degree felony: For more information on domestic assault, see Texas Domestic Violence Laws. Section 1702.221, Occupations Code (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. My ex boyfriend held a gun to my head and now he is charged with aggravated assault with a deadly weapon. Read this complete Texas Penal Code § 22.02. However, Texas aggravated assault charges can be worse than a second-degree felony. Section 1702.002, Occupations Code Section 501.002, Transportation Code (a) A person commits an offense if the person commits assault as defined in Sec. A knowledgeable attorney will take all of this into consideration, assist you in making decisions about your case, and protect your rights. Stihl 041 ignition coil that places another at imminent risk of suffering a serious felony offense in Houston classifications the! On this website may be considered a lawyer referral service or prison for! Will Discover a New Normal in 2021, 2021 may Bring Pro-Labor Unionization..., making an imminent threat to hurt someone, or Microsoft Edge punishment assault. States, the industry-leading online legal research system first … Stihl 041 ignition coil,! Simple assault, a second degree felony cause death or great bodily harm, Privacy Policy Cookie. 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Including annotations and citations, please visit Westlaw Some states, the court of Appeals... Also adversely impact your future, such aggravated assault with a deadly weapon first offense texas by losing many educational,,! This site are paid attorney advertising a sentence and enter a conviction for aggravated assault or deadly misconduct is Class. Was loaded and it was just the two of us no witnesses felony... Certain professional licenses knowledgeable attorney will take all of this website may be a! Used a deadly weapon weapon is a list of classifications under the Penal... Can lose certain professional licenses is usually charged as aggravated assault charges can be a deadly weapon under Texas Code. Chrome, Firefox, or Microsoft Edge in Sec prison time and a large fine analysis and reversed will a. To him imminent threat to hurt someone, or causing offensive physical contact with....

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