What is Aggravated Assault in Texas?

Criminal Defense Lawyer | DWI, Drug, Theft & Assault Charges

By Collin County Criminal Defense Lawyer Jeremy Rosenthal


(972) 369-0577

Aggravated assault can happen one of two ways.  For either way, an assault must be committed pursuant to Tex.Pen.C 22.01 AND one of the following two circumstances must have occurred:

1.  the person causes serious bodily injury to another, including the person’s spouse; or

2.  uses or exhibits a deadly weapon during the commission of the assault.

“Serious bodily injury” is defined by Texas Penal Code Section 1.07(46) as, “bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”

Aggravated assault is a 2nd degree felony and carries with it a prison term of between 2 and 20 years in the Texas Department of Corrections and a fine not to exceed $10,000.

Aggravated assault can be a 1st degree…

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