An aggravated assault charge in Texas is very serious. These charges are levied against a person who uses or threatens to use something that is considered to be a deadly weapon against another person. There are several degrees of aggravated assault, each of which has specific criteria. The most serious type of these, however, is a first-degree felony, the other types are second-degree felonies.
First degree aggravated assault charge
Any attack on a family member with a deadly weapon.
A second-degree charge
This occurs when you either inflict bodily harm on another person or if you threaten another person with an object that is a deadly weapon. Another way you can be charged with a second-degree charge is if you cause someone a serious injury. In this case, no deadly weapon needs to be present due to the severity of the injuries.
If you are facing aggravated assault charges, two terms that are cornerstones of the whole case: the deadly weapon, and serious bodily injury. Serious bodily injury includes scarring, disfigurement, and impairment, the condition must be permanent. A deadly weapon is something that can do serious harm. Guns, knives and similar weapons are deadly weapons. However, even a stick is a deadly weapon if you do harm with it.
These charges can lead to jail time. A first-degree charge can lead to a five-year to life in prison and second-degree charges can lead to two to twenty years in prison. Sometimes it’s possible to avoid jail time all together. You may be able to settle a plea deal for a lesser charge or might be able to have the case handled through a deferred adjudication. This means you won’t have to face a conviction if you follow the program. In some cases, you might be able to be sentenced to probation instead of prison.
You’ll be arrested upon picking up an aggravated assault charge and will remain in jail until bond is posted. Having a proper defense attorney in your corner could make the difference between jail time or probation. Call Daniel Clancy today for your best fighting chance.