Aggravated Assault with a Deadly Weapon
Aggravated Assault with a Deadly Weapon is one of the most common felony cases brought in Texas and Dallas area criminal courts. The typical fact pattern involves a Defendant, often drunk or in a fight with another person, using a gun or knife to threaten another person.
What are the elements of Aggravated Assault?
Aggravated Assault is defined as an assault, which is later elevated by aggravating circumstances. Texas Penal Code Section §22.02 states:
(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.
A Simple Assault charge, usually charged as a class A misdemeanor, becomes an Aggravated Assault charge for the two reasons listed above: “serious bodily injury” or “the use of a deadly weapon.” A charge for Simple Assault is appropriate when bodily injury was caused, but if serious bodily injury was caused, a person may be subject to an Aggravated Assault charge instead.
What is a Deadly Weapon?
The definition of a deadly weapon under the Texas Penal Code is a firearm or any other weapon that is made or used for the purpose of inflicting death or serious bodily injury. Some examples of deadly weapons are a gun, a knife, or even a car, a tire iron, a crowbar, etc. If an object was used in a way that could have killed them or severely injured someone, the object may be considered a deadly weapon.
Punishment Range for Aggravated Assault
Aggravated Assault with a Deadly Weapon can happen in an instant, but the punishment range for this second degree felony is 2-20 years in prison, even if someone has never been in trouble with the law before. If someone has previously been to prison, then the punishment range is 5-99 years, or 5 years to life in prison.
What if No Threat Was Ever Intended?
Clients sometimes ask how they can be charged with Aggravated Assault with a Deadly Weapon if they did not intend any harm. For example, in some cases, a person threatens another with a deadly weapon, but knows in his own head that he will never actually pull the trigger, no matter what happens. The element of the offense of assault is whether the complaining witness, or victim, reasonably felt in fear of imminent bodily injury. That is, if a reasonable person would have felt in fear at that moment, based on all the circumstances, then the State can prove the element of the charge. It is what a “reasonable” person would infer in the situation, not what either party subjectively felt.
Parole Considerations for Aggravated Assault with a Deadly Weapon
Aggravated Assault with a Deadly Weapon is a so-called “3g offense,” meaning that is a person resolves the case with prison time, then the person will be required to serve 2 years or half his time, whichever is greater. Although aggravated assault with a deadly weapon is not one of the enumerated offenses listed in the 3g offense, any offense including a deadly weapon finding is automatically 3g. Attorney Walker Fults is experienced handling all types of criminal cases as well as parole matters, which gives him the knowledge of what a prison sentence will actually mean. Attorneys sometimes advise their clients that they will do less than 2 years on an aggravated assault with a deadly weapon case, not knowing that because the offense is a 3g offense, the client will do the entire 2 years. When handling a sensitive case of aggravated assault with a deadly weapon, it is important to make sure that the resolution of the case fits the evidence and is the best result possible. If two years is too long under the evidence, then the charge should be negotiated down to eliminate the finding of a deadly weapon, making the offense no longer 3g, and therefore rending the client eligible for parole sooner than he otherwise would have been.
Contact the Dallas, Texas Aggravated Assault with a Deadly Weapon Attorney
Aggravated Assault with a Deadly Weapon, despite being a very common charge, carries penalties of up to 20 years in prison. With skilled and aggressive legal representation, however, it is often possible to get the case dismissed outright, dismissed through a reduction in the charge, or dismissed through a negotiated plea for deferred community supervision, all of which result in an outcome with no prison time and no conviction. If you have been charged with this or any other criminal offense, contact the Dallas Aggravated Assault with a Deadly Weapon Attorney, Walker Fults, right away.
