Aggravated Assault Family Member with a Deadly Weapon in Texas | Houston Attorney

Aggravated assault against a family member while using or exhibiting a deadly weapon is a first-degree felony in Texas — punishable by up to life in prison. It is the most serious form of family-violence assault, combining three aggravating factors: a family relationship, a deadly weapon, and serious bodily injury. Each of those elements is a place a strong defense can fight.

If you or a loved one is facing this charge in Houston, Harris County, or Galveston, Brian Foley and Luis Baez — former prosecutors — can help.

What the Law Covers

Under Texas Penal Code § 22.02, aggravated assault is normally a second-degree felony. It becomes a first-degree felony when committed against a family or household member, or a person in a dating relationship, and the defendant uses or exhibits a deadly weapon and causes serious bodily injury. "Family or household member" and "dating relationship" are defined broadly by the Texas Family Code.

Penalty Range

Circumstance	Offense Level	Punishment
Family member + deadly weapon + serious bodily injury	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
Aggravated assault (deadly weapon or serious bodily injury)	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine

A deadly-weapon finding limits parole

An affirmative deadly-weapon finding restricts parole eligibility and can make judge-ordered probation unavailable, so defeating that element is often the single most important part of the defense. A family-violence finding also brings firearm restrictions and custody consequences.

How These Cases Are Defended

Self-defense and defense of others. Force — including deadly force in some circumstances — can be justified even in a family setting, particularly where the other person was the aggressor.
Challenging the deadly-weapon element. Whether an object was used or exhibited as a deadly weapon is fact-specific and frequently contestable.
Challenging "serious bodily injury." Many injuries do not meet the strict statutory definition; defeating this element can lower the charge substantially.
False or exaggerated allegations. Family assault claims often arise amid divorce and custody battles; we expose motive and inconsistency.
Attacking the evidence. We examine 911 calls, body-camera video, medical records, and shifting witness accounts.

Collateral Consequences

A first-degree family-violence conviction carries prison exposure, a deadly-weapon finding, a lifetime firearm ban under state and federal law, immigration consequences, and severe effects on custody and employment. The stakes make immediate, aggressive defense essential.

Related Charges

Why HCDA

Brian Foley is Board Certified in Criminal Law, and both he and Luis Baez are former prosecutors who have handled the most serious violent-crime cases. If you or a loved one is facing this charge in Houston, Harris County, or Galveston, contact Houston Criminal Defense Attorneys PLLC for a free, confidential consultation. Call or text (713) 703-1718.

Frequently Asked Questions

Is aggravated assault of a family member with a deadly weapon a first-degree felony?

It can be. Aggravated assault is normally a second-degree felony, but under Texas Penal Code § 22.02(b), it becomes a first-degree felony when it is committed against a family or household member (or someone in a dating relationship) and the person both uses or exhibits a deadly weapon and causes serious bodily injury. A first-degree felony is punishable by 5 to 99 years or life in prison.

What counts as a deadly weapon in a family assault case?

A deadly weapon is anything capable, in the manner of its use or intended use, of causing death or serious bodily injury. Firearms qualify automatically. Courts have also found knives, vehicles, blunt objects, and even hands used to choke to be deadly weapons depending on how they were used.

What is the punishment for this charge?

When charged as a first-degree felony, the range is 5 to 99 years or life in prison and a fine up to $10,000. Even when charged as a second-degree felony, it carries 2 to 20 years. An affirmative deadly-weapon finding also restricts parole eligibility and can make probation unavailable from the court.

Is self-defense a defense to aggravated assault of a family member?

Yes. Texas law permits the use of force, including deadly force in some situations, to protect yourself or another person, and that does not disappear because the other person is a family member. Self-defense is one of the most powerful defenses in these cases, especially where the other person was the aggressor.

Can this charge be reduced?

Yes. We attack the two elements that make it aggravated and first-degree — whether a deadly weapon was truly used or exhibited, and whether the injury was 'serious bodily injury.' Defeating either can drop the case to a lower felony or misdemeanor assault, dramatically changing the exposure.

Aggravated Assault — Family Member, Deadly Weapon