Texas has no "brandishing" statute. It does not need one. Showing a weapon while making a threat is charged as aggravated assault — the same second-degree felony as stabbing someone. Brian Foley explains in this video.
The statute
Assault under § 22.01(a)(2) includes intentionally or knowingly threatening another with imminent bodily injury — a Class C misdemeanor by itself. Under § 22.02(a)(2), that threat becomes aggravated assault if the person uses or exhibits a deadly weapon during its commission. Second-degree felony: 2 to 20 years. A "3G" offense with no judge-ordered probation.
"Exhibits"
The weapon does not have to be pointed, fired, or even drawn. Texas courts have upheld convictions where the defendant lifted a shirt to reveal a holstered handgun, placed a pistol on the dashboard, or held a knife at their side — as long as the display was part of the threat. The deadly weapon can also be a vehicle used to threaten, a bat, a bottle, or a dog.
Where it happens
- Road rage. A driver who displays a gun to another driver during a traffic dispute. Dash cameras and phones make these cases easy to file.
- Neighbor disputes. Confronting someone on a property line with a firearm "just to make a point."
- Family arguments. Retrieving a gun during an argument, even without pointing it — charged as aggravated assault family violence with a deadly weapon, a first-degree felony in some circumstances.
- Bar and parking-lot confrontations.
The defenses
- No threat. Carrying a weapon openly, or having one visible, is not a threat unless it is coupled with words or conduct communicating imminent injury.
- No exhibition in furtherance. The weapon must be used or exhibited during the threat, not merely present.
- Justification. Displaying a weapon to deter an attack is lawful under § 9.04 — "threats as justifiable force" — where the display is limited to creating an apprehension that force will be used if necessary. A person who shows a gun to stop an aggressor advancing on them has a defense; a person who shows it to win an argument does not.
- Credibility. Many of these cases are one person's word; video, 911 timing, and the complainant's own conduct decide them.
Brian Foley and Luis Baez charged and defended these cases from both sides. See our aggravated assault page or call or text (713) 703-1718.