Charged With Aggravated Assault in Harris County, TX: What You Need To Know!

Understanding Texas Penal Code Section: 22.02

If you or someone you know is facing an aggravated assault charge in Harris County, Texas, it’s essential to understand what this offense entails, how it’s prosecuted, and what legal options are available. Aggravated Assault in Harris County, Texas, is a Second Degree Felony, which means if you are charged with this offense, you could be facing 2 to 20 years in the Texas Department of Corrections.

What Is an Aggravated Assault?

Under the Texas Penal Code § 22.02, a person commits aggravated assault if they:

1. Cause serious bodily injury to another person; or
2. Use or exhibit a deadly weapon during the commission of an assault.

In short, a simple assault that would otherwise be considered an “A Misdemeanor” can be elevated to a second degree felony if a “deadly weapon” is alleged to have been involved or if the alleged injuries caused are severe.

This particular article will deal exclusively with facts that involve the threat with a deadly weapon. The other variations of this offense will be addressed in future articles.

What is a Deadly Weapon?

In the State of Texas, a firearm is considered a per se “deadly weapon.” This means that when a charge, involving a firearm, is brought against an accused individual, the arresting officer does not have to alleged that the firearm “based upon his training and experience and in the manner and means in which it was used is capable of causing serious bodily injury or death.” In other words, when a firearm is used to threaten another person, the firearm is presumed to be capable of causing serious bodily injury or death in the manner and means in which it was used.

However, when an arresting officer charges someone with Aggravated Assault, and the would-be Defendant is alleged to have used a baseball bat during the commission of the alleged offense, the arresting officer must allege that a baseball bat, based upon the arresting officer’s training and experience and in the manner and means in which the bat was used is capable of causing serious bodily injury or death. This distinction between an alleged deadly weapon and a per se deadly weapon is important.

Some examples of an Aggravated Assault:

1. Pointing a gun at someone;
2. Threatening someone with a knife, or
3. Threatening someone with a bat or a club.

What Are the Elements of the Offense? What Does the State Need to Prove at Trial?

Under Texas Penal Code section: 22.02, the state must prove that the accused “intentionally and knowingly threatened the victim with imminent bodily injury by using and exhibiting a deadly weapon.”

Element 1:

For example, the state needs to prove that the accused “intentionally and knowingly threatened” the victim with the deadly weapon (in this example, a firearm). If, for instance, the accused accidentally pointed a firearm at the would-be victim, then the state cannot prove that the accused threatened the victim with knowledge or intention. This means that the state would not be able to prove a necessary element of this offense.

Element 2:

Additionally, the state must also prove that the accused threatened the victim with “imminent bodily injury by using and exhibiting a deadly weapon.” What this means is that the state must prove at trial when the accused threatened the victim, he did so by showing or brandishing a deadly weapon (e.g. a firearm) towards the victim and that bodily injury was about to be inflicted.

What Are the Penalties for Aggravated Assault in Texas?

Aggravated assault is generally classified as a second-degree felony, punishable by:

• 2 to 20 years (Second Degree Felony) in prison, and
• Up to $10,000 in fines

Hiring The Right Attorney

If you’re charged with aggravated assault in Harris County, it’s important that you hire the right attorney because this offense can impact every part of your life. For instance, if convicted, the conviction can impact employment opportunities, child custody, immigration status, voting rights, and your right to possess and carry a firearm. It’s important that you hire counsel that will thoroughly work on your case, evaluate all the evidence, and assert your rights throughout the case.

This article is not intended to be a substitute for legal counsel. It is merely a guide to better understand the listed offense and the elements the state needs to prove.