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R. Todd Bennett, P.C. Board Certified, Criminal Law. Texas Board of Legal Specialization.
713-489-7763
  • Home
  • Attorney
    • Bennett, R. Todd
  • Practice Areas
    • Sex Offenses
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    • Expunction & Sealing Your Criminal Record
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  5. What is aggravated assault in Texas?

What is aggravated assault in Texas?

On Behalf of R. Todd Bennett, P.C. | Dec 13, 2016 | Violent Crimes |

One of the terms that sometimes comes up in Texas violent crime cases is aggravated assault. Now, this is not some general term for assault. Rather it is a term that refers to a very specific type of assault offense.

Here in Texas, an assault crime only falls under the definition of aggravated assault if one of two things happened in relation to the assault. One is the perpetrator having exhibited or used a deadly weapon. The other is the perpetrator’s actions having caused someone serious bodily injury.

Now, unlike standard assault charges, which can come in at either the misdemeanor or felony level depending on the specifics of the underlying allegations, aggravated assault charges are always felony level charges here in Texas. Typically, aggravated assault is a second-degree felony. However, there are certain special circumstances under which it can rise to a first-degree felony.

So, whether a person accused of assault here in Texas is being charged with standard assault or aggravated assault can have some very big implications for their case. It can impact what aspects of the allegations leveled against them will be key ones and what sorts of evidence could be likely to be central ones in their case. It also has implications regarding what the stakes are in their case, as it impacts what sorts of consequences a guilty verdict could expose them to.

As this underscores, the specific charge terms in an assault case matter considerably. Understanding what specifically they are being charged with and what the particular type of assault charge that has been brought against them means for their case can be critical for those charged in relation to allegations of having assaulted someone. Skilled defense attorney can provide assault suspects with explanations of the specifics of the charges they are facing and other critical aspects of their case.

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