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Aggravated Assault Definitions and Consequences

Aggravated assault is a devastating crime. In a split second, one’s life, or that of another, can be indelibly marked. Moments of fear, anger or even passion may overwhelm us and cause us to act in irrational—and sometimes dangerous—ways.  One should approach legal representation in such an assault cause with care as each case has its own unique set of circumstances and nuances–things only a seasoned and experienced defense counsel can understand.

As with most assault cases, the severity of the consequences depends on the nature of the attack. Certain variables can be defining points between the charge being labeled as a simple assault or an aggravated assault. Determining the type of assault will have a direct effect on the consequences that follow. This definition could be the difference between paying fines and doing community service or spending up to 20 years in prison.

What is Simple Assault?

You can commit an act of simple assault in Texas if you:

  • Knowingly or intentionally threatened another individual with imminent bodily injury, or
  • intentionally or knowingly caused physical contact to somebody else when the offender knows or reasonably should know the victim would find it provocative or offensive.

The phrase “bodily injury” means anything that causes pain, even if no physical mark is left. Typically, simple assault is considered a Class C misdemeanor. However, if the victim is disabled or elderly, the offense is elevated to a Class A misdemeanor. If the offender knows the victim is an athlete or a sports official who is assaulted at a sporting event, it’s a Class B misdemeanor. Depending on the specifics of the situation, a domestic assault can be labeled as a third-degree felony.

A more serious type of assault occurs when one injures another. A Class A misdemeanor assault is defined as follows: Intentionally, knowingly, or recklessly causing bodily injury to another. And again, the phrase “bodily injury” means anything that causes pain, even if no physical mark is left.

Here are the possible consequences for various types of misdemeanors:

  • Class A misdemeanor – up to one year in jail or a fine up to $4000, or both
  • Class B misdemeanor – up to 180 days in jail or a fine of $2000 or less, or both
  • Class C misdemeanor – a fine up to $500.

There are many punishment enhancements for assault charges in Texas. To name a few: in relation to family violence cases, a second offense or one involving choking is a felony offense; If you are accused of assaulting a public official, or a law enforcement officer, then the charges become felonies.  The range of punishment for these various enhanced offenses range from probation to six months to 20 years in prison, plus a fine, is convicted.

What is Aggravated Assault?

According to Section 22.02 of the Texas penal code, an offense if considered aggravated assault if:

  • You intentionally, knowingly or recklessly caused serious bodily injury to another person, or
  • You used or exhibited a deadly weapon during the assault, including threatening another person with bodily injury.

Aggravated assault is a second-degree felony punishable by 2 to 20 years in prison. As with misdemeanor level assault, aggravated assault also carries various punishment enhancements depending on the details of the accusation. For instance, committing serious bodily injury against a family member or someone with whom the accused has had a dating relationship is a first-degree felony. Moreover, if the victim is a public servant, then the charge becomes a first-degree assault felony–with a range of punishment of 5 to 99 years, or life, in prison.

Finding an Attorney You Can Trust

If you are facing charges for aggravated or simple assault, it is important that you contact an experienced attorney immediately. Protecting your rights and future should not be something left to chance. Being in the field for over 30 years, I have the courtroom knowledge and expertise to build a strong defense.  I am board-certified in criminal law and have significant experience and knowledge in this field.  For a committed and experienced defense from a seasoned professional, contact me today.

Testimonials
  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of" - Nicoli

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  • "Tylden has been nothing but excellent while representing me. He’s been very upfront, honest, and cooperative with not only myself, but with my family as well. I don’t just feel like a number, he treats you like if you’re his only client. I’d definitely recommend him to anybody I know if they are in need of legal help. 5 out of 5 stars. I highly recommend Tylden Shaeffer!" - Joel

  • "Mr Shaeffer was up front from the beginning, and I respected that. He told me they have a solid case against me. He is a very out of the box thinker, and very organized. He told me the sad reality of what could potentially be the outcome of my case, and it was dim. However he asked me what i wanted and was creative enough to deliver at an extremely affordable price. He has the knowledge to defend you, and the experience to win. I’m very happy with how he handled my case. His office is also only blocks away from the court house and he is always prompt. I don’t usually write reviews, but Mr. Tylden Shaeffer deserves to be recognized." - Nicoli

  • "When I got charged with my DWI I already expected to go through a long, painful process from the beginning. But, Mr. Shaeffer and his staff made my whole experience quick and easy with their great communication and professionalism. He was always straight forward and I could tell he had my best interest in mind. He made sure I didn’t get charged with “extreme intoxication”, while also reducing my fines and the length of my probation. I highly recommend him to anyone!" - Alex

  • "Mr. Shaeffer is a great attorney , very professional, very nice and is willing to work with you and help u threw any situation u may have or need help with . I recommend Mr. Shaeffer to anyone who needs help with any kind of legal issues or problems. Anyone who has asked me about an attorney i most definitely tell them Mr. Shaeffer and give them his info. Thank you for all your help and everything u have done for me and my family. You are a awesome attorney! Highly Recommend" - Anonymous

  • "Tylden is a fantastic attorney. He thoroughly prepared for my case and did an amazing job of relating to the judge and jury. I highly recommend Tylden. Would recommend to anyone!" - Skyler

  • "Tylden got my felony reduced to a misdemeanor. He saved my life. I didn’t have to pester him for information and updates about my case and his staff is well informed and helpful. He personally attended each and every one of my hearings and was just as concerned about restoring my reputation as I was. He recently got a motion for non-disclosure filed and approved by the judge so I will never have to admit this mistake ever happened. I would recommend Tylden to anyone! He is a highly intelligent and competent attorney. The Best!" - Anonymous

  • "I was represented by Mr. Shaeffer years ago (2004). He would travel from San Antonio all the way to Del Rio to represent me. My father and I were accused of wrong doing by federal agents and we had done nothing. We, my father and I were on trial simultaneously. We had hired an attorney and found out later he was friends with the prosecutor and wanted us to accept a plea bargain. “We did nothing wrong”, I cried to him. He insisted that we accept due to it being impossible to beat the Government. My father and I were close to giving up when we met Mr. Shaeffer. Mr. Shaeffer believed in us and fought for us. Because of him, I never saw prison walls nor was I ever away from my family. It was one of the most difficult times in my life, but thankfully we met a Godsend attorney and justice prevailed." - Anonymous

Case Results
Intoxication Manslaughter – Reduced Sentence

While client was already on probation for DWI when arrested for Intoxication Manslaughter. Client pleaded guilty to the jury and jury awarded probation where State sought prison term from the jury.

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