What Is The Punishment For Aggravated Assault According To The Texas Penal Code?

handcuffed hands in black and white.Aggravated assault in Texas is a serious offense with potentially life-changing repercussions if you are convicted. The Texas Penal Code outlines harsh penalties for these offenses, including lengthy prison terms, large fines, and even the risk of life behind bars in the worst-case scenario. 

Beating aggravated assault charges in Texas is challenging, as state prosecutors are aggressive in pursuing convictions for such offenses. However, there are specific strategies and avenues that can be employed to increase the likelihood of a successful outcome and protect your freedom. An experienced defense attorney can review the elements of your case and develop a bespoke strategy, utilizing the most effective defenses to either beat your charges or reduce the penalties you face. 

Skilled legal representation will be essential to reduce the risk of a felony conviction and spending substantial time behind bars. If you are represented by The Love DuCote Law Firm LLC, your case will benefit from the combined experience of over 40 years of successfully fighting criminal charges in Texas courts. This experience means that we have an extensive understanding of the state’s criminal justice system and how prosecutors will aim to secure a conviction in your case. This insight is invaluable when it comes to developing the most effective strategy for your defense. 

Do not take chances with an aggravated assault charge in Texas, secure legal representation swiftly. The penalties outlined in The Texas Penal Code are harsh and could impact the rest of your life. 

Contact The Love DuCote Law Firm LLC attorneys today at 832-843-1691 to discuss how we can help you fight your charges. 

Aggravated Assault Charges In Texas

Under Texas Penal Code 22.02, an individual can commit aggravated assault in two separate ways. Both an assault that results in serious bodily injury and an assault involving the use of a deadly weapon can result in an aggravated assault charge. 

Aggravated Assault Involving A Deadly Weapon

Gun with hammer next to justice gavel. If you’ve been convicted of a serious crime and in need of an aggressive Fort Bend County criminal defense lawyer, contact us now.You could be charged with aggravated assault in Texas for an assault with a deadly weapon, even if it did not result in serious bodily injury. You may face these deadly weapon charges if you use or display a weapon during any assault offense. This can include threatening another person with imminent bodily injury or any type of conduct or physical contact that could be threatening or offensive to the victim. 

In this context, a deadly weapon could be considered anything that can cause significant physical harm to another, such as a firearm or knife, but also an electrical cord, a baseball bat, or a heavy object, such as a metal pipe.

Aggravated Assault Involving Serious Bodily Injury

An assault that results in serious bodily injury can also be cause for an aggravated assault charge in Texas. Texas law considers serious bodily injury in this context to be any injury that poses a risk of death or results in long-term or permanent health complications. This could include an injury that causes permanent disfigurement or impairment or the loss of the use of a bodily member or organ. 

Typically, injuries such as a stab wound or broken bones that do not result in severe scarring or long-lasting health implications would not constitute a serious bodily injury in this context. 

First Degree Felony Aggravated Assault Charges

Texas Penal Code 22.02 outlines the criteria that may result in an aggravated assault charge being elevated to a first-degree felony offense. If an aggravated assault involves any of the following circumstances, you could be charged with a felony in the first degree: 

  • The offense is committed against a public servant while they are lawfully fulfilling an official duty. 
  • The offense is committed in response to the performance of an official public servant duty or exercise of official power. 
  • The offense was against a security officer who was performing their duties. 
  • A person commits assault against a witness, informant, or potential witness in response to their role as a witness or informant. 
  • The individual used a deadly weapon during a domestic assault that resulted in serious bodily injury.
  • The offender is in a motor vehicle and knowingly discharges a firearm towards a building, vehicle, or home with reckless disregard for the occupation of said building or vehicle and causes serious bodily injury to another person.

Texas Penal Code Aggravated Assault Penalties

The penalties for aggravated assault, as outlined in the Texas Penal Code, are harsh, and a conviction can result in a significant loss of your freedom. Extensive prison terms, with mandatory minimum sentences, are commonplace for aggravated assault convictions. 

You may be eligible for community supervision for an aggravated assault conviction, depending upon the nature of your sentence. To be eligible for probation in Texas, you must have received penalties of less than ten years in prison for your offense. A Judge can’t award probation to anyone who has been sentenced to over ten years in prison for aggravated assault.

Prison Time

The prison sentence you receive will depend upon the specific circumstances of your case and whether you are convicted of a first or second-degree felony. A second-degree felony aggravated assault charge is punishable by two to 20 years in prison. Conversely, a first-degree felony offense carries the risk of five to 99 years, or even life, in prison. A repeat offense will likely increase the overall length of your prison term and the mandatory minimum sentence you receive. 


In addition to a lengthy prison sentence, an aggravated assault conviction carries the risk of hefty fines. As outlined in the Texas Penal Code, you can face a substantial fine of up to $10,000 for either a first or second-degree aggravated assault charge in Texas. 

Is It Possible To Avoid Harsh Penalties For Aggravated Assault?

With the help of skilled legal representation, it could be possible to avoid the harsh penalties associated with an aggravated assault conviction. The State of Texas takes such offenses seriously, and in general, these are challenging charges to have dropped or reduced. 

However, the burden of proof lies with the prosecution. An experienced attorney may be able to identify and exploit weaknesses in the state’s case that reduce the likelihood of securing a conviction. Such weaknesses can also be highly valuable for negotiating a less severe charge. 

How Can An Attorney Help?

Generally, the best way to avoid prison time, a permanent criminal record, and fines is to avoid a conviction altogether. If you are represented by an experienced criminal defense attorney, your chances of having your charges dismissed can increase substantially. 

An attorney can use strategies such as arguing a lack of criminal intent or insufficient evidence to significantly weaken the prosecution’s case against you. If the state does not have enough evidence to secure a conviction, or your attorney can prove that your rights were violated, this could result in a case dismissal. 

Potential aggravated assault with a deadly weapon defense could include self-defense or defending your property. Similarly, it may be possible for your attorney to have your charges reduced to deadly conduct, as opposed to aggravated assault, which carries much lesser penalties. 

In cases where it is not possible to have your case dropped, an attorney may still be able to negotiate a lesser charge or lesser penalties. This could include community supervision if you are eligible or a reduced offense with less possible jail time. 

Contact A Defense Attorney From The Love DuCote Law Firm LLC As Soon As Possible

Often, the state of Texas will dedicate substantial time and resources to prosecuting aggravated assault charges. This means that once these cases reach trial, they are usually carefully crafted and well-evidenced. Beating such cases can be challenging. 

As such, the sooner you seek legal advice after an aggravated assault charge, the better. Once you have secured representation, your attorney can begin critically analyzing the case as it stands to identify weaknesses, inconsistencies, and errors that can be used in your favor. Similarly, your lawyer will diligently search for evidence to support your defense. The more time your attorney has to develop and find supporting evidence for your defense strategy, the stronger your case. 

Additionally, early intervention can be extremely effective in these cases. If your lawyer can begin negotiations before the prosecution has completed building a strong case against you, this could increase the chances of a favorable outcome. 

The criminal defense attorneys at The Love DuCote Law Firm LLC have the required skill, experience, tenacity, and attention to detail to ensure you receive the best defense possible against aggravated assault charges. We understand how serious these offenses are and how daunting the potential penalties can be. We will fight passionately for our clients throughout their cases and utilize every possible strategy to minimize the likelihood of conviction and the impact it could have on your life. 

If you have been charged with aggravated assault in Texas, it is important to move quickly. 

Contact an experienced criminal defense attorney who can help by calling The Love DuCote Law Firm LLC at 832-843-1691 today.