Fort Bend County Aggravated Assault Lawyer 

Attorney Brandon Sims Protects the Rights & Freedom of Clients in the Greater Houston Area

When a physical altercation occurs between two or more individuals, it often leads to assault charges. However, if serious injuries or threats with a deadly weapon are used, an assault charge would be elevated to “aggravated assault,” which is a felony offense that can result in prison time.

If you have been arrested for aggravated assault in Texas, The Sims Law Firm, PLLC is committed to helping you avoid harsh penalties and get your life back on the right track. With over a decade of legal experience, our Fort Bend County aggravated assault defense attorney can review your case, determine all your legal options, and obtain the best possible outcome in court.

Contact us online or call at (713) 766-1445 today to discuss your case with an experienced Fort Bend County aggravated assault defense lawyer.

What is an Aggravated Assault in Texas?

According to state law, aggravated assault is defined as intentionally or recklessly inflicting serious bodily harm to someone or using/showing a deadly weapon while committing an assault-related offense. Seriously bodily harm means injury that can potentially lead to death, impairment or loss of a bodily function or organ, or permanent disfigurement.

Aggravated assault is a second-degree felony, punishable by a maximum 20-year prison sentence and a fine of no more than $10,000. But if the violent crime involves a deadly weapon, injury to a public servant, a family member, injury to a security officer who is on duty, or retaliation against a crime witness, it may be upgraded to a first-degree felony, which carries a maximum 99-year prison term and a fine not exceeding $10,000.

What Are the Aggravated Assault Laws & Penalties in Texas?

The stakes are high when facing an aggravated assault charge in Fort Bend County. A conviction can lead to severe legal repercussions, including:

• Prison Sentences: Depending on the specifics of the case, an aggravated assault charge can result in a prison sentence ranging from two to 20 years. If a deadly weapon was used, the penalties can be even more severe, potentially leading to increased sentencing guidelines.
• Fines: In addition to imprisonment, individuals convicted of aggravated assault may face hefty fines. These financial penalties can be as much as $10,000, adding an additional layer of stress to an already challenging situation.
• Criminal Record: A conviction will result in a permanent criminal record, which can have long-term effects on employment opportunities, housing options, and personal relationships. The stigma associated with a felony conviction can create barriers in various aspects of life.
• Civil Liabilities: Victims of aggravated assault may pursue civil lawsuits against the accused. This can result in additional financial liability, compounding the consequences of a criminal conviction.

Common Defense Strategies for Aggravated Assault Charges

Several defense strategies may be employed in aggravated assault cases, including:

• Self-defense 
• Defense of others
• Lack of intent to cause serious bodily injury or use a deadly weapon
• Mistaken identity
• Provocation
• Inconsistencies in evidence
• Lack of serious injury
• Illegal search and seizure

Each case is unique, and the appropriate strategy will depend on the specific details involved. Our Fort Bend County aggravated assault lawyer can help you craft the best defense strategy for your case.

The Role of Mitigating Factors

Mitigating factors can also play a significant role in the defense strategy. If there are elements that may reduce the severity of the charges or penalties, these should be presented to the court. Factors such as a lack of prior criminal history, evidence of remorse, or circumstances that may have provoked the incident can all contribute to a more favorable outcome.

Additionally, engaging in rehabilitation or counseling programs can demonstrate to the court a commitment to positive change. Such efforts can be persuasive in negotiating for reduced charges or alternative sentencing options.

Ready to Defend You Today

Due to the severity of the penalties, it is in your best interest to have an experienced criminal defense attorney on your side to help you either get your entire case dismissed or obtain a favorable plea deal. Remember, just because you have been arrested doesn’t mean that you are guilty, so let our firm fight for you.

Call (713) 766-1445 or contact us online to schedule your free consultation immediately with our Fort Bend County aggravated assault attorney.

Commonly Asked Questions

Can You Get Probation For Aggravated Assault in Texas?

Yes, it is possible to receive probation for aggravated assault in Texas, but this typically depends on the specific circumstances of the case, including the severity of the offense and the defendant's criminal history. Probation is more likely for first-time offenders or in cases where mitigating factors are present.

Can You Go to Jail For Aggravated Assault in Texas?

Yes, aggravated assault is a felony charge in Texas, and a conviction can result in significant jail time. The penalties can range from 2 to 20 years in prison, depending on the specifics of the case, such as the use of a deadly weapon and the level of injury inflicted on the victim.

What is the Statute of Limitations For Aggravated Assault in Texas?

The statute of limitations for aggravated assault in Texas is typically 3 years. This means that the prosecution must file charges within three years from the date of the alleged offense.

What are the Elements of Aggravated Assault in Texas?

To prove aggravated assault in Texas, the prosecution must establish the following elements:

• The accused intentionally, knowingly, or recklessly caused serious bodily injury to another person.
• The accused used or exhibited a deadly weapon during the commission of the assault.
• The actions were not justified, such as in cases of self-defense or defense of others.

Can Aggravated Assault Be Sealed in Texas?

In Texas, aggravated assault is not eligible for expungement due to the nature of the offense being a felony. However, individuals may be able to obtain a Certificate of Non-Disclosure after completing their sentence, which can limit access to their criminal record under certain circumstances. Eligibility for this option depends on various factors, including the nature of the conviction and whether it involved a deadly weapon.