AGGRAVATED ASSAULT LAWYER IN NEW BRAUNFELS, TEXAS, HELPING CLIENTS DEFEND THEMSELVES AGAINST CRIMINAL CHARGES

The  Texas Department of Public Safety reports that there have been 22,090 cases of aggravated assault in the state in 2021. Aggravated assault is a serious criminal charge with significant penalties. If you are facing aggravated assault charges, it is important to know what to expect and how an experienced criminal defense lawyer can help maximize your chances of reaching a favorable outcome.

WHAT ARE THE DIFFERENCES BETWEEN SIMPLE ASSAULT AND AGGRAVATED ASSAULT?

Simple assault is usually charged as a misdemeanor and can occur when a person knowingly, intentionally, or recklessly causes bodily harm to another person. Intentionally or knowingly threatening to cause bodily harm to another party or physical contact that could be considered offensive by the victim can also be considered simple assault.

For example, if two people get into an argument at a bar and one threatens to punch the other person, the person making the threat could be charged with simple assault, even if they never actually punch the other person.

On the other hand, a simple assault charge can be escalated into an aggravated assault charge if the offender has committed simple assault but caused serious bodily injury to the other person. The use or simple display of a deadly weapon while committing the offense can also be considered aggravated assault. Aggravated assault is typically charged as a felony and carries much more significant penalties than a simple assault charge.

WHAT IS CONSIDERED AGGRAVATED ASSAULT IN TEXAS?

In Texas, aggravated assault is defined by Penal Code Section §22.02. A person is charged with this offense if they commit a simple assault and either cause serious bodily injury, even to their spouse or use or display a deadly weapon during the assault. Simple assault involves causing bodily injury but escalates to aggravated assault if the bodily injury is severe and/or poses a substantial risk of death or permanent impairment.

Over the years, Texas has enhanced this law. In 2023, provisions were made for mass shootings and assaults causing paralysis or vegetative states. Earlier, in 2021, enhancements were made for offenses against process servers, and in 2009, for shootings into homes or buildings. If you were charged with aggravated assault, seeking legal help from an aggravated assault lawyer as soon as possible can help you get a positive outcome moving forward. Contact us today to learn more about how we can help in aggravated assault cases.

WHAT ARE THE PENALTIES FOR AN AGGRAVATED ASSAULT CONVICTION?

The penalties for aggravated assault in Texas can vary in severity depending on factors such as the defendant’s past criminal history, the severity of the victim’s injuries, and whether there was a deadly weapon used or displayed during the aggravated assault. In general, aggravated assault is considered a second-degree felony, which may result in a sentence of 2 to 20 years in prison and a fine of up to 10,000.00.

However, there are certain factors that can result in an aggravated assault charge being elevated to a first-degree felony. This can happen if, for example, the assault occurs against a family member, a spouse, or someone who is dating the defendant or against a witness or informant in a criminal trial. If an aggravated assault is charged as a first-degree felony, the defendant may be sentenced to spend anywhere from 5 to 99 years or life in prison and a fine of up to $10,000.00.

HOW CAN AGGRAVATED ASSAULT ATTORNEYS HELP DEFEND AGAINST ASSAULT CHARGES?

Having a criminal conviction on your record can affect your life in many different ways. Besides the potential of facing jail time and having to pay expensive fines, you may also have limited employment and educational opportunities after you complete your jail or prison sentence, and you may also lose your right to vote or carry a firearm. On the bright side, being charged with aggravated assault does not have to mean you will be convicted, especially if you are being represented by an experienced criminal defense attorney.

In an effort to mitigate or reduce your aggravated assault charges, your attorney can use several different defense strategies. For example, your attorney can argue that you acted in self defense and did not intend to cause bodily harm. Your attorney may also argue that the prosecution has not presented enough evidence to prove that all elements of an aggravated assault charge are applicable to your case.

Another possible defense strategy is to argue that your constitutional rights have been violated. Any evidence resulting from an illegal arrest, search, or seizure can be considered inadmissible and may be suppressed from your case, weakening the state’s case against you.

If you are facing assault charges or have been arrested, it is crucial to stay calm, avoid discussing your case with anyone who is not an aggravated assault lawyer, and do not make any statements to law enforcement. Most importantly, reach out to a criminal defense law firm right away.
Seymour & Vaughn has helped countless clients facing assault charges in New Braunfels, Texas, and surrounding areas to fight back and get their charges dropped or reduced. Our legal team is fearless in taking your case to trial if needed and will do everything within reach to help you secure a better outcome for your case. Do not let the prosecution convince you to plead guilty without speaking to an experienced criminal defense attorney first.

Call Seymour & Vaughn at  830-282-8751 for the strong legal defense and representation you need to protect your rights in your aggravated assault case.