Aggravated Assault is a serious crime under Texas law.
Let’s take a look the statutory definition of the offense.
Definition
Texas Penal Code Section 22.02(a)(1)-(2) states that an individual can be found guilty of Aggravated Assault if he or she:
- causes serious bodily injury to another, including his or her spouse or
- uses or exhibits a deadly weapon during the commission of an Assault
Assault vs. Aggravated Assault
Assault only requires a “bodily injury.” This can mean any physical pain, illness, or impairment.
However, as discussed below, Aggravated Assault involves a “serious bodily injury,” which is significantly more severe.
Additionally, an offender can be charged with Assault by merely issuing threats and never actually making bodily contact with another person.
To be charged with Aggravated Assault, there must have been an actual physical injury.
Assault can also becomes Aggravated Assault with the use or exhibition of a “deadly weapon” during the commission of the crime.
In the next sections, we will discuss the definitions of a “deadly weapon” and “serious bodily injury.”
See also…Texas Sexual Assault Laws.
Serious bodily injury
Texas Penal Code 1.07(46) defines “serious bodily injury” as follows:
- creates a substantial risk of death;
- causes death;
- causes serious, permanent disfigurement;
- causes protracted loss; or
- causes impairment of the function of a body part or organ.
With a Deadly Weapon
Texas Penal Code Section 1.07(17) defines a deadly weapon as:
(A) a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
(B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Consequently, a “deadly weapon” is any type of gun or anything that can be used to cause death or serious bodily.
What are the punishments for Aggravated Assault in Texas?
Typically, Aggravated Assault is charged as a Second or First Degree felony.
If charged as a Second Degree felony, the offender can be punished by a $10,000 fine and 2-20 years in prison.
For a First Degree felony, Aggravated Assault is punishable by a $10,000 fine and up to life in prison.
3rd Degree Felony Assault
In rare circumstances, Aggravated Assault can be lowered to a Third Degree felony or a Class A misdemeanor.