Aggravated Assault in Texas | Houston Aggravated Assault Attorney

Aggravated assault is one of the most serious violent-crime charges in Texas — a second-degree felony that becomes a first-degree felony (up to life in prison) in many common situations. What separates it from misdemeanor assault is one of two things: serious bodily injury, or the use or exhibition of a deadly weapon. Both of those elements can be fought.

If you or a loved one has been charged with aggravated assault 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, a person commits aggravated assault by committing an assault that either (1) causes serious bodily injury, or (2) uses or exhibits a deadly weapon during the assault. "Serious bodily injury" means injury creating a substantial risk of death, or causing serious permanent disfigurement or protracted loss or impairment of a bodily member or organ. A "deadly weapon" is anything capable, in the manner of its use, of causing death or serious bodily injury — firearms automatically, and many other objects depending on use.

Penalty Range

Circumstance	Offense Level	Punishment
Standard aggravated assault	Second-Degree Felony	2 – 20 years prison; up to $10,000 fine
Against a family member with a deadly weapon causing serious bodily injury	First-Degree Felony	5 – 99 years or life; up to $10,000 fine
Against a public servant, witness, or informant; drive-by; certain others	First-Degree Felony	5 – 99 years or life; up to $10,000 fine

A deadly-weapon finding follows you

An affirmative deadly-weapon finding restricts parole eligibility and can make probation unavailable. When the case involves a family member, see our pages on aggravated assault of a family member with a deadly weapon and causing serious bodily injury to a family member.

How These Cases Are Defended

Self-defense and defense of others. Texas law authorizes force — including deadly force in some situations — to protect yourself or a third person. This is often the strongest defense.
Challenging "serious bodily injury." Many injuries are painful but do not meet the strict statutory definition; defeating this element can drop the case to misdemeanor assault.
Challenging the deadly-weapon element. Whether an object was used or exhibited as a deadly weapon is fact-specific and frequently contestable.
Identity and intent. In chaotic incidents, mistaken identity and lack of the required intent create reasonable doubt.
Attacking the evidence. We examine video, medical records, 911 calls, and inconsistent witness accounts, and pursue reductions or dismissal where the proof is weak.

Collateral Consequences

A felony aggravated-assault conviction carries prison exposure, a deadly-weapon finding that limits parole, loss of firearm and voting rights, immigration consequences, and a permanent violent-crime record. The stakes make early, 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 tried serious violent-crime cases. If you or a loved one has been charged with aggravated assault 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

What makes an assault 'aggravated' in Texas?

Under Texas Penal Code § 22.02, an assault becomes aggravated assault when it either causes serious bodily injury to another person, or is committed while the person uses or exhibits a deadly weapon. 'Serious bodily injury' means injury that creates a substantial risk of death or that causes serious permanent disfigurement or loss/impairment of a body part. A firearm is a deadly weapon by law, and many other objects can qualify.

What is the punishment for aggravated assault in Texas?

Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. It is elevated to a first-degree felony (5 to 99 years or life) in several situations — including against a family or household member with a deadly weapon causing serious bodily injury, against a public servant, in retaliation against a witness or informant, or in a drive-by shooting.

Does an object have to be a gun or knife to be a 'deadly weapon'?

No. A deadly weapon is anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Firearms qualify automatically, but courts have found vehicles, bottles, boots, hands used to strangle, and many everyday objects to be deadly weapons depending on how they were used.

Can aggravated assault be reduced to a lesser charge?

Yes. A central defense goal is challenging the two aggravating elements — serious bodily injury and deadly-weapon use. If the injury was not 'serious' as defined, or no deadly weapon was used or exhibited, the case may drop to misdemeanor assault, which carries dramatically lower penalties.

Is self-defense a defense to aggravated assault?

Yes. Texas law allows the use of force, including deadly force in some circumstances, to protect yourself or a third person. Self-defense is one of the most powerful defenses to aggravated assault, and we develop it thoroughly with the video, witness statements, and the full context of the encounter.