In Texas, aggravated assault with a deadly weapon is a serious offense. You commit the offense if you intentionally or knowingly cause severe bodily injury to someone else. You also must have used or displayed a deadly weapon in the commission of an assault. A lethal weapon may be a firearm, knife, blunt object, motor vehicle, or other object capable of causing death, depending on the manner of its use.
Under the Texas Penal Code §22.02, aggravated assault with a deadly weapon is a felony that attracts severe legal and collateral consequences. After your conviction, you risk facing a lengthy prison sentence and hefty fines. Additionally, you will have a permanent criminal record that can affect various aspects of your life.
If you or your loved one faces charges under this statute, you must aggressively fight them to avoid a conviction. The first step towards securing a favorable outcome in your case is hiring and retaining a reliable criminal defense lawyer.
An Overview of Texas Penal Code §22.02
Penal Code 22.02 of the Texas law addresses aggravated assault with a deadly weapon. To understand aggravated assault, one must first understand the base offense of assault. Under Texas Penal Code § 22.01, a simple assault occurs when someone intentionally, knowingly, or recklessly:
- Causes bodily injury to someone else
- Threatens another with imminent bodily injury
- Causes physical contact with another when they know the other person will regard it as offensive.
This offense becomes aggravated Assault, a felony under § 22.02, when you commit an assault as defined above and one of the following two circumstances exists:
You Caused Severe Bodily Injury
One of the factors that aggravates an assault is the presence of severe bodily injury. Under Texas law, severe bodily injury is an injury that:
- Causes severe permanent disfigurement
- Results in impairment
- Poses the risk of death
This legal definition sets it apart from bodily injury, which can include minor harm like cuts, bruises, or physical pain. Examples of severe bodily injury include:
- Gunshot wounds
- Stab wounds
- Broken bones
- Severe burns
- Loss of limb function
- Significant facial disfigurement
Whether an injury crosses that threshold is up to medical evidence, testimonials, and how a given injury impacted the victim’s body. This classification is crucial for amplifying criminal penalties. For example, severe bodily injury resulting from an assault is a charge of aggravated assault, a felony that bears stiffer penalties than simple assault.
You Used or Exhibited a Deadly Weapon
A Texas Penal Code §22.02 violation is incomplete unless a deadly weapon is exhibited or used. Under Texas Penal Code §1.07(a)(17), a deadly weapon is:
- A firearm or anything designed, made, or adapted to inflict death or severe bodily injury
- Any object that, in the manner of its use or intended use, can cause death or severe bodily injury.
When proving aggravated assault with a deadly weapon, the prosecution must prove possession. Additionally, the prosecutor must show that the fatal weapon was either used to cause harm or exhibited in a way that created a reasonable fear of imminent harm. Common examples of deadly weapons include:
- Guns
- Knives
- Baseball bats
- Vehicles
- Broken bottles, steel-toed boots
The context and manner of use are critical in determining whether an object qualifies as a deadly weapon.
Your Actions Were Intentional or Reckless
In Texas, the element of intent in aggravated assault refers to the defendant's mental state during the offense. Under Texas Penal Code § 22.01 and § 22.02, the assault must be committed intentionally, knowingly, or recklessly. You either intended to cause harm, knew your actions would likely cause harm, or acted recklessly, disregarding the increased risk of harm. For aggravated assault, if a deadly weapon is used or exhibited, the intent to threaten or cause fear may also satisfy this element. Proving intent is essential to distinguish accidental conduct from criminal behavior.
Sentencing and Punishment for Aggravated Assault with a Deadly Weapon
Because of the violent nature of the crime and potential for severe bodily injury or death, aggravated assault with a deadly weapon is a felony under Texas law. Typically, the prosecution will pursue second-degree felony charges against you, which have dire legal consequences. Alternatively, some aggravating circumstances would elevate the charge to a first-degree felony. These include:
- Family or household members. If you are related to the victim of the aggravated assault by blood or marriage, you may face first-degree felony charges. This applies if choking or impeding the person's breath or blood circulation.
- Public servants. Assaulting police officers, firefighters, or emergency personnel while they are performing official duties is a first-degree felony.
- Security personnel. If you attack a security officer while on duty, your aggravated assault will result in a first-degree felony charge.
- Drive-by shootings. Firing a weapon from a vehicle with the intent to harm increases the severity of your offense.
The degree of the offense significantly affects sentencing outcomes. First-degree felonies carry longer prison terms with fewer opportunities for leniency or parole.
If charged as a second-degree felony, the punishment for aggravated assault with a deadly weapon in Texas includes:
- 2–20 years in prison
- Fines not exceeding $10,000
- Possible community supervision, though this is rare for violent offenses
If increased to a first-degree felony, the penalties for aggravated assault with a deadly weapon include:
- 5 to 99 years, or life in prison
- Fines not exceeding $10,000
Collateral Consequences of a Conviction Under Texas Penal Code, Section §22.02
The consequences of a conviction for aggravated assault with a deadly weapon go beyond incarceration and fines. The permanent criminal record left behind by the conviction can impact your life. The lasting consequences of the offense include:
Loss of Gun Rights
A felony conviction in Texas results in the automatic loss of the right to possess firearms. Under federal law, the gun restriction is permanent unless a pardon or legal restoration occurs, which is rare. Texas law allows felons to possess a firearm at their home five years after completing their sentence, which conflicts with federal law. Because federal law takes priority, even possession at home can result in new charges.
Loss of Voting Rights
Felony convictions in Texas lead to the temporary loss of the right to vote. You cannot vote while serving your sentence, which includes time spent in prison, on parole, or on probation. In Texas, voting rights, including parole or probation, are automatically restored after completing your sentence. However, you must re-register to vote to regain eligibility.
However, you must re-register to vote. Many people are unaware of this process. For this reason, they remain disenfranchised longer than necessary due to confusion or lack of information.
Employment Barriers
Most employers in Texas will perform a background check on potential employees before hiring. A conviction for aggravated assault with a deadly weapon will enter your criminal record. A conviction for a violent felony makes it challenging to find stable employment. This is because most employers are reluctant to hire individuals with criminal records, especially for violent crimes.
Specific fields are completely off-limits for individuals with a felony conviction. They include law enforcement, healthcare, childcare, and teaching. Lack of employment due to your criminal record can leave you struggling financially.
Housing Challenges
Finding safe and stable housing after a conviction is difficult. Many landlords refuse to rent to individuals with felony records, particularly those involving violence or weapons. Public housing authorities may deny applications outright if you have a serious criminal history. Sometimes, having a felony on your record can also affect your ability to live with family members in public or subsidized housing. Your housing challenges can lead to homelessness or unstable living arrangements.
Loss of Professional License
If you work in a profession that requires licensing, your license is your lifeline. Most licensing boards closely monitor your conduct and may require you to report a criminal conviction. Even when you fail to report, the relevant law enforcement department may inform them of your conviction under Texas Penal Code §22.02.
After learning of your conviction, the board will conduct an investigation, hold an administrative hearing, and impose disciplinary action. For a serious crime like aggravated assault, you could face a license suspension or revocation. Such actions can stall or end your career.
Immigration Consequences
The most dreaded consequence of a conviction for aggravated assault for US citizens is incarceration. However, for non-citizens, a conviction for aggravated assault with a deadly weapon can lead to severe immigration penalties in addition to imprisonment. Aggravated assault with a deadly weapon is likely to be classified as an aggravated felony or crime involving moral turpitude under 8 U.S.C. § 1101(a)(43)(F) or § 1227(a)(2).
After your conviction, you can face immediate deportation and permanent bars to reentry. Additionally, the record may render you ineligible for most forms of relief. Even green card holders and visa holders are at serious risk. Often, immigration judges have little or no discretion once such a conviction is entered.
Loss of Child Custody and Parental Rights
In Texas, a violent felony conviction has a significant impact on parental rights. The courts always determine custody based on the child's best interest. The criminal record of a parent is a determining factor in custody. An aggravated assault conviction can result in loss of custody, restricted visitation, or supervised visits with the child.
Sometimes, aggravated assault with a deadly weapon has ties to domestic violence. In these situations, the court can permanently sever parental rights. Being alienated from your own family and children can be devastating.
Damage to Reputation and Social Stigma
The most lasting effect of a Texas PC 22.02 conviction is the damage to your reputation and the social stigma. This can affect personal relationships, professional opportunities, and participation in the community. Background checks required by employers, schools, and even dating sites expose criminal records in Texas. The conviction can lead to isolation even after you have served your time.
Defenses to Aggravated Assault with a Deadly Weapon in Texas
The stakes are high for defendants facing charges for aggravated assault with a deadly weapon in Texas. However, there are legal defenses that can reduce or beat the charges. Although each case is different, you can explore the following defenses for your case:
Self-Defense
Under Texas Penal Code §9.31, you can use force if you reasonably believe it's necessary to protect yourself. For this reason, self-defense is a common argument you can use against your charges. If the force used is deadly, Texas Penal Code §9.32 applies. It allows deadly force under the following circumstances:
- You reasonably believed the other person was about to use deadly force.
- You feared that the other party would commit a serious crime like kidnapping, robbery, or sexual assault.
- The force you used was immediate and proportional to the threat.
For example, if someone points a gun at you, and you shoot back, that can be successful self-defense. However, if someone slaps you and you respond with a firearm, you cannot justify your actions. You cannot use self-defense in an aggravated assault case if you were the aggressor in the situation.
Defense of Others
Texas law also allows you to protect another person under rules similar to self-defense. You can use deadly force if:
- You believe someone else is in danger of being seriously harmed or killed.
- Your belief is reasonable.
- The threat is present.
For example, pulling out a firearm and using it to protect someone during a robbery can suffice as a defense of others. However, you cannot use more force than necessary.
Defense of Property
Texas Penal Code §9.41 to §9.43 allows force to defend your home or property. Deadly force is permitted in the following situations:
- At night, to prevent a burglary or arson.
- When someone is forcefully entering your home or vehicle.
- When you are trying to stop a criminal from fleeing with stolen property.
You must also have no other safe options before using deadly force or a firearm to neutralize the threat. If you meet the required conditions, you can argue that you acted to defend your property.
No Use of a Deadly Weapon
A key element that the prosecution must prove to secure a conviction under Texas Penal Code 22.02 is the use or exhibition of a deadly weapon. Under Texas law, many objects are considered deadly depending on how you use them. However, it must be capable of causing severe, deadly injury. If the item you used does not fit the description of a deadly weapon, you can avoid a conviction under this statute.
However, excluding the weapon in your case does not mean a dismissal. Instead, the prosecution can reduce your charges to simple assault or a misdemeanor. A misdemeanor conviction will have less severe legal and collateral consequences.
Lack of Intent or Mental State
The prosecution must prove that you intentionally, knowingly, or recklessly caused harm to another person. If you did not intend to hurt someone or even scare them, you might not be guilty of aggravated assault. For example, it is not assault if you:
- Accidentally drop a heavy tool, and it hits someone
- Swing a bat during a baseball game, and it hits a spectator
Sometimes people are wrongly charged because of misunderstandings, accidents, or false assumptions. The lack of intent defense works best when there is clear evidence of the defendant’s state of mind or the surrounding circumstances.
False Accusation or Mistaken Identity
Not all allegations of aggravated assault with a deadly weapon are factual. You can face false or wrong accusations by a confused witness or a perpetrator seeking to pass the blame. The accuser lied or exaggerated. If there are no clear videos or photos of you committing a crime, your attorney can help you create reasonable doubt in the prosecutor's case. You can use this defense by:
- Presenting an alibi
- Arguing that the victim misidentified you.
- Arguing that a personal grudge or motive is behind the claim
Insanity or Mental Incapacity
If the defendant had a mental disease at the time of the assault, they may not have understood that their conduct was wrong. In this case, they might qualify for the insanity defense under Texas law.
Insanity is challenging to prove. It requires medical testimony and strict legal standards. A reliable attorney's guidance can lead to a not-guilty verdict or court-ordered treatment instead of prison.
Find a Skilled Criminal Attorney Near Me
If you willfully or recklessly cause severe injury to another person using a deadly weapon, you could be arrested and charged with aggravated assault with a deadly weapon. After a conviction for the offense, you can face a prison sentence of up to twenty years for a second-degree felony and life imprisonment for a first-degree felony.
In addition to incarceration and fines, a conviction under Texas Penal Code §22.02 will enter your criminal record. When accessed by potential employers and other people who perform a background check on you, it can impact your personal and professional lives. Fortunately, not all individuals charged under this statute face a conviction.
With the insight of a competent lawyer, you can build a solid defense to fight the charges. At Andrew Deegan Criminal Attorney At Law, we offer expert legal insight for our clients battling charges for violent crimes in Fort Worth, TX. Contact us at 817-689-7002 to discuss your case details.
