Pursuant to Texas aggravated assault laws, an aggravated assault occurs when an individual:
- Causes serious bodily harm to another individual, including the individual’s spouse;
- Uses or presents a deadly weapon during the assault.
There are new aggravated assault laws in Texas as of 2023. These laws provide that aggravated assault will be punished as a first-degree felony if the perpetrator uses a deadly weapon during the commission of the assault and causes spine injury or traumatic brain injury that results in the victim being in a persistent vegetative state or irreversible paralysis and for mass shootings. If an individual has any questions regarding Texas assault laws, they should consult with a local Texas attorney.
What Is Assault?
In the context of criminal law, assault is the act of intentionally placing another individual in reasonable apprehension of an offensive contact or of imminent bodily harm. Although the precise definition of assault may vary depending on the jurisdiction, the typical standard elements of assault include:
- The defendant intended to create apprehension in the individual;
- Accidental actions do not constitute assault;
- The victim must have reasonably believed that they were going to be harmed or offended by the conduct of the defendant;
- The victim’s belief that harm or offensive contact was imminent must be reasonable and must have created a sense of immediate physical danger;
- This belief cannot be based upon a future act and must be more than a verbal threat, although there may be some exceptions; and
- The defendant had to exhibit an intention to offend or harm the victim with a physical action.
Examples of assault may include, but are not limited to, instances where a defendant:
- Attempted to spit on a victim;
- Mimed the act of kicking, hitting, or punching the victim;
- Brandished a deadly or non-deadly weapon in a manner that suggests the victim will be hit with it;
- Pointed a gun at the victim, regardless of whether it is loaded or not.
It is important to note that, in certain states, the state statutes will define assault as criminal attempted battery. The terms assault and battery, however, are not interchangeable, as numerous jurisdictions treat them as separate offenses.
One way to distinguish assault from battery is that battery requires the use of force as well as actual physical contact. In contrast, assault only requires that the victim reasonably believe that they are in danger of imminent physical harm, even if that harm never actually occurs.
What Is Felony Assault in Texas?
In some states, the offenses of aggravated assault and felony assault are used to distinguish crimes of felony assault from simple misdemeanors. A simple assault occurs when the defendant attempts to commit battery on another individual.
Felony assault and aggravated assault are classified as separate crimes in Texas. In the State of Texas, a felony assault occurs when the defendant assaults another individual when the defendant:
- Knew the victim was a public servant who was acting in their official job capacity;
- Knew the victim was a family member, referred to as assault on a family member;
- Knew the victim was a first responder, police officer, or security guard who was performing their official job duties.
A conviction of third-degree felony assault is a third-degree felony in Texas. If convicted, the defendant may face:
- 2 to 10 years in prison;
- A criminal fine of up to $10,000;
- A combination of both.
Felony assault may be referred to as aggravated assault. Felony assault may be described using the same elements as a misdemeanor assault with an extra factor that causes the offense to be viewed as one that is more severe in nature.
As a result, felony assault will carry more significant consequences than a misdemeanor assault. An assault will most likely be charged as a felony assault if the defendant committed a simple assault that included an aggravating factor.
What Are Examples of Aggravating Factors?
Aggravating factors are circumstances that are related to crimes that make the offense itself more severe. Aggravating factors are significant because they can significantly increase the penalty for a crime.
What is considered an aggravating factor is determined by the criminal statutes in the state. Examples of aggravating factors can vary widely.
Common examples of aggravating factors in the context of an assault include, but may not be limited to:
- The defendant’s prior criminal record;
- The defendant’s intent;
- The tools that were used to commit the crime;
- The cruelty of the defendant or the manner in which the crime was committed; and
- Treason.
There are also other aggravating factors, such as the status of the victim. The specific laws of a state may list the aggravating factors, which may include assault with a deadly weapon or assault with the intent to commit another crime.
What Is the Punishment for Second-Degree Aggravated Assault?
In the State of Texas, if a defendant is convicted of aggravated assault as a second-degree felony, they may face:
- 2 to 20 years in prison;
- Criminal fines of up to $20,000;
- A combination of both.
When Can Aggravated Assault Become a First-Degree Felony in Texas?
An aggravated assault can become a first-degree felony in Texas if the victim is:
- A public servant that was acting in the course of their job duties;
- A family member;
- An informant;
- A security guard who was acting in the course of their job duties;
- A driver or passenger in a vehicle; or
- A witness to a crime.
What Is the Punishment for First-Degree Felony Aggravated Assault?
If a defendant in Texas is convicted of the first-degree felony of aggravated assault, they may face:
- 5 to 99 years in prison;
- Criminal fines of up to $10,000;
- A combination of both.
What Are Common Defenses to Aggravated Assault?
What conduct constitutes aggravated assault is defined by the laws in each state. Because of this, state laws also define which defenses may be available to the charges.
The most effective defense to aggravated assault is factual innocence. There are also other defenses to aggravated assault that may be offered in an individual’s state.
Examples of defenses that may be available include, but are not limited to:
- Self-defense;
- The defense of others;
- The defense of property;
- A lack of intent;
- Provocation, or reacting to a perceived threat;
- No proof of a deadly weapon;
- The defendant’s constitutional rights were violated at the time of the arrest;
- Consent, meaning the victim consented to the assault; and
- Assumption of this risk, for example, voluntarily and knowingly assuming the risk of harm.
The second most effective defense to an aggravated assault charge is the defendant’s lack of intent. A lawyer may be able to show that the defendant did not actually intend to cause the victim fear or harm or to injure them.
Although this can be an effective defense, it can also be difficult to prove in court. If a defendant successfully proves this defense, it may result in their charges being reduced or dismissed.
Should I Contact a Lawyer?
If you are facing aggravated assault charges in Texas, it is essential to consult with a Texas criminal attorney as soon as you can. It takes some time to construct an effective defense to the charges against you.
Your attorney can advise you of Texas laws and the punishment you may be facing. Your lawyer can also determine if there are defenses available in your case and represent you during all court proceedings.
