Aggravated Assault
It is important to
hire an experienced Houston criminal defense lawyer because criminal
charges for aggravated assault do not have to result in a conviction and
the resulting lifelong consequences. In
order to convict you, the state prosecutor must prove to a jury that
you committed every element of the felony offense beyond a reasonable
doubt. With an experienced
trial lawyer defending you, this is a very difficult burden to meet, and
any reasonable doubt in the mind of any of the members of the jury can
result in a not guilty verdict or a hung jury. Therefore, it is vital to contact an experienced criminal attorney in Houston who will fight for you.
If you have been
charged with the criminal offense of aggravated assault in Harris county
(Houston), or any of the surrounding counties in Texas, including
Montgomery (Conroe), Waller (Hempstead), Liberty (City of Liberty), Fort
Bend (Richmond), Brazoria (Angleton), Galveston (City of Galveston) or
Washington (Brenham), contact James G. Sullivan and Associates for a free consultation at (281) 546-6428. Attorney James (Jim) Sullivan is an experienced trial lawyer who will fight for your rights, freedom and future.
Aggravated Assault in Houston
According to section
22.02 of the Texas Penal Code, an individual can be charged with
aggravated assault if they cause serious bodily injury to another or use
or exhibit a deadly weapon during the commission of an assault offense.
According to section
22.01 of the Texas Penal Code, an individual can commit assault in Texas
if they intentionally or knowingly cause or threaten to cause bodily
injury to another person, or cause offensive physical contact to another
person.
What is Bodily Injury and Serious Bodily Injury in Texas?
According to section
1.07(a)(8) of the Texas Penal Code, “bodily injury” means physical pain,
illness, or any impairment of physical condition.
According to section
1.07(a)(46) of the Texas Penal Code, “serious bodily injury” means
bodily injury that creates a substantial risk of death or that causes
death, serious permanent disfigurement, or protracted loss or impairment
of the function of any bodily member or organ.
What is a Deadly Weapon in Texas?
According to case law, three things can qualify as deadly weapon:
- firearms;
- anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury; or
- anything else that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Examples of Deadly Weapons
There are not many deadly weapons listed as such per se. According
to Section 46.01 of the Texas Penal Code, deadly weapons commonly used
during the commission of aggravated assault offenses can include any of
the following:
- Clubs
- Explosive weapons,
- Firearm,
- Handgun,
- Illegal Knife (such as a knife with a blade over five and one-half inches; a hand instrument designed to cut or stab another by being thrown; a dagger, including but not limited to a dirk, stiletto, and poniard; bowie knife; sword; or spear.)
- Knife,
- Knuckles,
- Machine gun,
- Short-barrel firearm,
- Switchblade knife
- Chemical dispensing device, and
- Zip gun.
Deadly by Manner and Means of Use
Furthermore, according
to case law, there is an extensive list of things that can be proven to
be deadly by the way the accused used them during the commission of the
aggravated assault offense, including:
- HIV
- Hammer
- Pipe
- Fire
- Hand
- Foot
- Coke bottle
- Leg of a bar stool
- Ax handle
- Motor vehicle
- Shank
- Screwdriver
- BB gun
- Wooden stick
- Dustpan
- Gasoline
- Dumpster in which a baby is discarded
Punishment for Aggravated Assault in Houston
Chapter 12 of the Texas Penal Code lists the felony punishment for aggravated assault in Houston. Aggravated assault is usually charged as a second degree felony. A conviction for such a felony is punishable by a prison sentence ranging from two to 20 years and a fine up to $10,000. However, aggravated assault can be charged as a first degree felony if the assault was committed against:
- a family member or significant other and causes that person serious bodily injury;
- a public servant while the public servant was discharging an official duty
- a security officer while the officer is performing a duty as a security officer; or
- in retaliation against a witness, prospective witness, informant, or person who has reported the occurrence of a crime.
A conviction for a
first degree felony is punishable by a prison sentence ranging from five
to 99 years or life in prison and a fine up to $10,000.
Criminal charges for aggravated assault can also result in a first degree felony conviction if the accused is:
- in a motor vehicle,
- knowingly discharges a firearm at or in the direction of a habitation, building or vehicle,
- is reckless as to whether the habitation, building or vehicle is occupied,
- and causes serious bodily injury to any person.
The punishment for
this offense is also a prison sentence ranging from five to 99 years or
life in prison and a fine up to $10,000.
Defenses to Aggravated Assault in Houston
Occasionally, and in certain circumstances, there may be legal defenses available to aggravated assault. It
is important to discuss with an experienced Houston criminal defense
attorney the elements of your criminal charges as that attorney can
evaluate your case and advise you as to any appropriate defense.
- Self-Defense. According to Section 9.31 of the Texas Penal Code, a person is permitted to use force, and sometimes deadly force, against the immediate threat of injury or bodily harm.
- Lack of a Deadly Weapon. If your criminal defense attorney can show that a deadly weapon was not present, used or exhibited during the commission of the assault offense, the state prosecutor may reduce or dismiss the aggravated assault charges against you.
- Lack of Intent. Intent is a required culpable mental state to all assault offenses. If your criminal defense lawyer can demonstrate that you did not have the requisite intent to commit assault, the state prosecutor may reduce or dismiss the aggravated assault charges against you.
Grand Jury Defense for Aggravated Assault Charges
If
you are accused of aggravated assault, you should contact an
experienced criminal defense attorney right away because he may be able
to win your case at the grand jury.
Once your felony case has been indicted by the grand jury, this option
is no longer available. Attorney James Sullivan has fought and won many
felony cases at the grand jury level throughout his almost 20 years of
legal practice, including over 20 felony cases in just the past few
years. When a case is dismissed (no billed) by the grand jury, the
accused has the immediate right to seek an expunction of the felony
charge from their record. Sullivan has been able to do this for many of
his clients accused of felony offenses.
James G. Sullivan and Associates | Houston Aggravated Assault Attorney
James Sullivan graduated from Baylor University in 1990 with a degree in Journalism, the ideal degree for investigating, discovering and telling winning stories in court. In 1993, Sullivan graduated from South Texas College of Law, which is nationally recognized as the top law school for trial advocacy.
James Sullivan later graduated from Gerry Spence’s Trial Lawyers College in Wyoming. Founded in 1994, it is the most selective and prestigious trial advocacy program in America. The methods taught at TLC are not taught anywhere else. The 1,150 graduates form an extremely unique community of the most accomplished trial lawyers in the United States.
Contact James G. Sullivan and Associates at (281) 546-6428 for a free initial consultation about your aggravated assault charges
in counties throughout southeast Texas, including Harris, Montgomery,
Waller, Liberty, Fort Bend, Brazoria, Galveston and Washington.
Attorney James Sullivan is an experienced Houston violent crime attorney
who will fight for your rights, freedom and future.
