Austin Aggravated Assault Lawyer

Facing aggravated assault charges in Austin or the surrounding area? Your future hangs in the balance. Aggravated assault charges always carry life-altering penalties that can irrevocably alter your future, from career prospects to your family. 

The Austin aggravated assault lawyers at Smith & Vinson are familiar with the high stakes that come with assault charges in Texas; we’ve won countless cases for clients facing serious assault charges in Texas courts. 

We bring decades of combined litigation experience to your defense, examining every detail of your case to build the strongest possible strategy. If you or a loved one is facing aggravated assault charges in Texas, don’t leave your future to chance — contact the aggravated assault lawyers at Smith & Vinson today for a free consultation. Call us today at 512-368-9044 to protect your future. 

What are the assault laws in Texas?

The Texas assault laws are outlined in Texas Penal Code § 22, and they work a bit differently in the Lone Star State than they do in some other states. For instance, if you’re wondering about the difference between assault vs. battery, you might be surprised to find out that battery doesn’t exist in Texas. Instead, Texas features an assault charge with tiered severity, depending on the circumstances of the crime.

In Texas, a person commits an assault crime if they:

1. Intentionally, knowingly, or recklessly cause bodily injury to another person
2. Intentionally or knowingly threaten another person with imminent bodily injury
3. Intentionally or knowingly cause physical contact with another when they know or should reasonably believe that the other will regard the contact as offensive or provocative

Those first three words, “intentionally,” “knowingly,” and "recklessly” are incredibly important in assault cases. One of the three must be said of your actions in order to convict you for assault in Texas:

1. You acted intentionally. You acted with a conscious objective to cause the result or engage in the conduct. This means you specifically meant to cause injury or create the threat.
2. You acted knowingly. You were aware that your conduct was reasonably certain to cause the result. While you may not have specifically intended to cause harm, you knew harm was likely to occur.
3. You acted recklessly. You consciously disregarded a substantial and unjustifiable risk that harm would occur. Proving recklessness usually requires a significant deviation from the standard of care that an ordinary person would exercise.

The prosecution must prove beyond a reasonable doubt that you acted with at least one of these mental states when committing the alleged assault. The specific mental state can impact both the severity of the charge and potential defenses available to you.

Can you get probation for aggravated assault?

Those wondering about probation for aggravated assault should know that being granted probation for felony violent crimes is rare. To be frank, you’re incredibly unlikely to get probation for aggravated assault. Second chances for aggravated assault don’t often happen, which is why beating your assault charge is so important. 

Aggravated assault is always a felony in Texas, and whether you’re convicted of a first- or second-degree aggravated assault charge, you will likely have to do some time in prison. This harsh reality underscores why it’s essential to work with the best Austin assault lawyer you can possibly get. 

The difference between assault charges in Texas

As we said earlier, Texas law identifies several different levels of assault charges, all carrying distinct and escalating penalties, based on the circumstances of your case. 

Simple assault

Simple assault is the most basic form of assault under Texas law. It occurs when a person either threatens another with imminent bodily injury or causes physical contact that the person knows or reasonably should know would be considered offensive or provocative. It’s important to note that simple assault often does not involve actual physical injury.

Some examples of simple assault might include:

• Raising a fist at someone in a threatening manner
• Verbal threats of immediate physical harm
• Unwanted touching that is offensive but doesn't cause pain or injury
• Spitting on someone
• Poking or shoving someone in an offensive manner

Assault bodily injury

Assault bodily injury occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person. Under Texas law, "bodily injury" is defined as physical pain, illness, or any impairment of physical condition. This definition is intentionally broad and can include injuries that may seem relatively minor, like:

• Cuts and scrapes
• Bruises
• Abrasions
• Pain without visible marks
• Minor sprains
• Swelling
• Redness

The key element distinguishing this from simple assault is that actual physical pain or impairment must occur.

Assault with a deadly weapon

Texas assault with a deadly weapon occurs when a person commits an assault while using or exhibiting a deadly weapon during the commission of the offense. A "deadly weapon" is defined in the Texas Penal Code as:

• A firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
• Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.

Another definition that is intentionally broad, the statutory language means that virtually any object can be considered a deadly weapon depending on how it's used, including actual weapons, household items, or vehicles. Assault with a deadly weapon is a type of aggravated assault, but you don’t need to use a deadly weapon to be charged with aggravated assault. 

Aggravated assault

Aggravated assault can be thought of as the umbrella under which serious assault crimes are charged. It occurs when a person commits an assault crime, and they also either:

• Cause serious bodily injury in the process;
• Use or exhibit a deadly weapon in the process; or
• Commit an assault crime against a protected class.

We’ve already defined what makes a “deadly weapon” in Texas, but we should differentiate between bodily injury and serious bodily injury, as this is often the line between assault and aggravated assault. Serious bodily injury is defined as injury that:

• Creates a substantial risk of death
• Causes serious permanent disfigurement
• Causes protracted loss or impairment of the function of any bodily member or organ
• Causes death

Additionally, if you commit an assault crime against any of the following protected classes, it will likely be elevated into a charge for aggravated assault:

• Public servants
• Law enforcement officers
• Emergency workers
• Disabled or elderly persons

What is the most common sentence for aggravated assault?

While penalties for aggravated assault in Texas are always severe, they get much more severe the more aggravating factors are involved in your offense. The chart below details the range of assault charges you can face in Texas.

As you can see, the penalties for aggravated assault are much more severe than the penalties for assault in Texas. Beyond these immediate penalties, assault convictions — especially felonies — carry severe and far-reaching collateral consequences that can include:

• Loss of firearm rights
• Difficulty finding employment
• Housing restrictions
• Loss of professional licenses
• Immigration consequences for non-citizens
• Negative impact on child custody arrangements

What evidence is needed to prove aggravated assault?

To convict you for aggravated assault, prosecutors must establish the following beyond a reasonable doubt.

• The basic elements of assault. That you intentionally, knowingly, or recklessly caused injury, threatened imminent bodily injury, or caused offensive physical contact.
• Aggravating factors. Either that you caused serious bodily injury, that you used or exhibited a deadly weapon during the commission of the assault, or that the assault crime was carried out against a protected population.
• Identification. That you were the person who committed the alleged offense.

Prosecutors usually rely on Victim testimony, witness statements, weapon evidence and forensic analysis, surveillance footage, cell phone records or communications, and your criminal record to secure convictions. 

Because there are so many ways in which evidence can be secured against you, you need to make sure you work with an attorney who knows how to beat an assault charge in Texas if you want to protect your life. 

What is the best defense for aggravated assault?

The defense that will be most effective for your assault charge will depend on the circumstances of your case and the evidence the prosecution is attempting to use to convict you, but there are some common defense strategies that your attorney may employ in your defense:

1. Self defense. In Texas, you have the right to use reasonable force to protect yourself from an imminent threat of harm. If you reasonably believed force was necessary to protect yourself, this can be an affirmative defense to an assault crime.
2. Defense of others. Similar to self-defense, you may be justified in using force to protect another person from imminent harm.
3. Lack of intent. Challenging whether you had the required mental state (intentionally, knowingly, or recklessly) when the alleged assault occurred, can be a valid defense to assault.
4. Mistaken identity. Assault offenses are often committed during chaotic and confusing situations, and it isn’t uncommon for the wrong person to be charged afterwards.
5. Insufficient evidence. At the end of the day, the prosecution must prove your guilt beyond a reasonable doubt, and it is your attorney’s job to highlight weaknesses and inconsistencies in their case. 

Arrested for aggravated assault? Protect your future with the criminal defense attorneys at Smith & Vinson.

With the right Austin aggravated assault lawyer, an aggravated assault charge doesn’t have to define the rest of your life. While the stakes are incredibly high if you’ve been charged for assault, if you’ve yet to be convicted, then you can still fight another day. Don’t wait, hire an attorney to protect your life. 

Whether you need lawyers for a family violence charge or an aggravated assault charge, the Austin criminal lawyers have the experience and the track record to defend your future. The assault attorneys at Smith & Vinson have beaten countless assault charges for our clients in positions like yours. 

Ready to mount an aggressive defense? Call us today at 512-368-9044 or contact us online for a free consultation.