Aggravated Assault

According to a Texas crime analysis, aggravated assault is the most common violent crime committed in the state. Unfortunately, though, aggravated assault can take place during accidental or unintentional situations.

Since aggravated assault is a violent crime, the state of Texas takes the allegations very seriously. Your best chance at avoiding conviction and stiff penalties is through the help of a skilled felony criminal defense attorney.

Defense Attorney for Aggravated Assault in Harris County, TX

Brian Benken is a licensed private investigator that will do everything in his power to find a favorable solution for your situation. If his evidence doesn’t match what the Harris County court discovers, Brian Benken will bring the truth to the table.

The Benken Law Firm represents clients with aggravated assault allegations in all communities across Harris County such as West University Place, Sunnyside, Goldcrest, River Oaks, Uptown and many others. Call The Benken Law Firm today at (713) 223 - 4051 to schedule a time to discuss the specifics of your case.


Overview of Aggravated Assault in Houston, TX


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Aggravated Assault Under Texas Law

Simple assault can be upgraded to aggravated assault if your case meets certain circumstances. The Texas Penal Code defines the crime under section 22.02 as:

  • Causing serious bodily injury to another; or
  • Using or exhibiting a deadly weapon while committing the assault

Typically, aggravated assault is considered a second-degree felony that is punishable by two to 20 years in prison and up to $10,000 in fines. The charge can be upgraded to a first-degree felony if you:

  • Are a public servant who commits an assault with a deadly weapon while on duty
  • Used a deadly weapon during the assault and caused serious bodily injury to someone in your family, a foster child, a member of the household, your parents, or someone you are dating
  • Used a deadly weapon against a person you know is a public servant and while the public servant is on official duty
  • Used a deadly weapon against an individual you know is a security officer while they are performing their official duty
  • Used a deadly weapon in retaliation against a witness.

If your charge is elevated to a first-degree felony, you will face harsher sentencing that can include five to 99 years in prison and up to $10,000 in fines.


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What is the Legal Definition of Serious Bodily Injury?

One of the factors that sets assault apart from aggravated assault is whether or not the serious bodily injury was caused while committing the offense. Texas law defines serious bodily injury under section 1.07 (a)(46) of the penal code as:

  • Injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily organ.

There is no single type of wound that is always classified as a serious bodily injury, even if the injury requires surgery. Determining whether or not a case involved serious bodily injury is made on a case-by-case basis.

Injuries that result in permanent disabilities like the inability to walk, loss of eyesight, cognitive impairments, loss of hearing and brain injuries normally qualify as a serious bodily injury.


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Legal Definition of a Deadly Weapon

One of the ways aggravated assault can be committed is by use of a deadly weapon. The precise legal definition of a deadly weapon is as follows:

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

A firearm is always considered a deadly weapon, even if the weapon isn’t loaded. Deadly weapons can also include ordinary objects that you wouldn’t think of as a deadly weapon. These weapons can consist of a golf club, car, glass bottles and pillows.

A defendant’s bare hands can even be considered a deadly weapon if the victim died or suffered serious bodily injury after being pushed or hit.


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Additional Resources for Aggravated Assault in Harris County, TX

Aggravated Assault | Texas Penal Code Section 22.02– Follow this link to read the full text of the section of the penal code that governs aggravated assault. You can read the precise legal definition of the crime as well as factors that can upgrade charges. The code can be read on the Texas Constitution and Statutes website.

Punishments | Texas Penal Code Chapter 12– Visit the Texas Constitution and Statutes website to learn how the state classifies and punishes offenders in the state. You can also read how offenses outside of the penal code are classified, penalties for habitual felony and misdemeanor offenders.


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Lawyer for Aggravated Assault in Houston, TX

Contact The Benken Law Firm today to schedule a consultation regarding your aggravated assault charges in Harris County. Brian Benken has over 30 years experience defending criminal cases, and he will make every effort to fight the allegations against you.

Call (713) 223 - 4051 or submit your information in the online contact form for a free consultation. Brian Benken defends clients in communities that include, but are not limited to Houston, Bellaire, Bunker Hill, Hunters Creek Village, Harris County and surrounding counties.


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