Aggravated Assault Defense Attorney
MARK A. PEREZ, ATTORNEY AT LAW
An aggravated assault charge is one of the most serious violent crime accusations a person can face in Texas. If you or someone you love has been charged, the clock starts moving fast. Knowing what this charge means, how Texas law treats it, and what defense options exist can help you make smarter decisions right away.
The Law Office of Mark A. Perez represents individuals facing serious aggravated assault charges and works to protect their rights under the criminal justice system. Having an experienced aggravated assault defense attorney by your side can make a significant difference in your case.
Here, we’ve explained what aggravated assault is and the difference between aggravated assault vs assault.
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What Is Aggravated Assault?
Aggravated assault is a step above a standard assault charge. Under the Texas Penal Code Section 22.02, a person commits this offense when they intentionally, knowingly, or recklessly cause serious bodily injury to another person, or when they use or display a deadly weapon during an assault.
Serious bodily injury is not just a bruise or a cut. Texas law defines it as an injury that creates a substantial risk of death, causes permanent disfigurement, or results in long-term loss or impairment of any body part or organ.
So, what is aggravated assault at its core? It comes down to two things: how badly someone was hurt, or whether a weapon was involved.
Aggravated Assault vs Assault: What Sets Them Apart
Many people are unclear on the difference between aggravated assault and assault. Both fall under the Texas assault law, but courts treat them very differently.
Simple assault can include threatening someone in a way that makes them fear physical harm or causing minor bodily injury. In many cases, it is charged as a misdemeanor. An aggravated assault charge, by contrast, almost always carries felony-level consequences.
Here is how the two compare:
- Simple assault: Threats of harm, offensive contact, or minor injuries. It is typically a Class A or Class B misdemeanor
- Aggravated assault: Charged as a second-degree or first-degree felony associated with serious bodily injury or use of a deadly weapon
The gap between a misdemeanor and a felony is enormous when it comes to prison time, fines, and long-term record consequences.
What is Aggravated Assault with a Deadly Weapon?
Aggravated assault with a deadly weapon is one of the most frequently charged versions of this offense in Texas. A deadly weapon under Texas law is not limited to guns or knives. The law defines it as anything designed or adapted to cause death or serious bodily injury, or used in a manner that could cause those outcomes.
A car, a heavy object, or even a household tool can qualify depending on how it was used. Prosecutors pursue these cases aggressively.
If a weapon was part of the situation you are accused of, speaking with an aggravated assault defense attorney early is one of the most important steps you can take.
Is Aggravated Assault a Felony in Texas?
Is aggravated assault a felony? In Texas, the answer is almost always yes.
- Second-degree felony: Most cases land here. A conviction carries two to twenty years in prison and fines up to $10,000.
- First-degree felony: The charge escalates to a first-degree felony when the victim is a public servant, a household member in certain situations, or when serious injuries and a deadly weapon are both present. This level carries five to ninety-nine years in prison.
A felony conviction affects far more than your freedom. It impacts your right to own a firearm, your ability to find work, and even your housing applications. Getting help from an aggravated assault lawyer from the start can make a real difference in how your case unfolds.
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Strategies of an Aggravated Assault Defense Lawyer
No two cases are identical. A qualified aggravated assault defense attorney will look at several possible approaches based on the specific facts.
Self-Defense Against Aggravated Assault Charges
Texas law allows the use of force when a person reasonably believes they are facing serious harm. The response has to be proportionate to the perceived threat.
Defense of Others
If you acted to protect someone else from an immediate danger you reasonably believed was real, this defense may be available.
Lack of Intent
An aggravated assault charge requires intentional, knowing, or reckless conduct. A genuine accident with no reckless behavior may not meet that legal standard.
Challenging the Evidence
How evidence was collected, whether police followed proper procedures, witness credibility, and forensic accuracy can all be examined and challenged in court.
False Accusations
Disputes between people who know each other sometimes produce exaggerated or false claims. A careful review of records, timelines, and witness statements can expose problems in the prosecution’s story.
Talk to an Aggravated Assault Defense Attorney in Dallas
An aggravated assault charge does not have to become a conviction. Mark A. Perez has defended clients against violent crime charges in Dallas and throughout Texas for years. He knows how prosecutors build these cases and how to counter them.
Do not wait to get legal help. The earlier an aggravated assault lawyer gets involved, the more time there is to investigate and protect your rights.
Contact the Law Office of Mark A. Perez today to schedule a consultation and discuss your case.
