When Does Assault Turn into Aggravated Assault in Texas?

 Posted on November 19, 2024 in Violent Crimes

On November 8, a Tarrant County Grand Jury indicted a former North Texas police officer for the crime of aggravated assault with a deadly weapon. While on duty, the former police officer allegedly hit a man with a radio, causing bodily harm, then lied on the incident report, claiming the man hit his head on concrete. The Texas Rangers are investigating the incident and will present their findings to the Tarrant County Criminal District Attorney’s Office.

In 2022, the rate of aggravated assault across the United States was 268.2 cases per 100,000 people – a slight decrease from the prior year. If you are facing assault charges in Texas, it is important that you have a full understanding of the potential penalties and long-term consequences you could face following a conviction. Your freedom and future could be on the line if you are convicted of assault or aggravated assault. Speaking to a knowledgeable Hood County, TX criminal defense attorney from The Law Offices of Rob Christian can help ensure you receive a vigorous defense.

Assault vs. Aggravated Assault

A person commits assault when he or she knowingly, intentionally, or recklessly causes bodily injury to another person, threatens imminent bodily injury, or causes physical contact with another person, knowing that person will regard the contact as offensive.

Physically hurting another person or threatening to hurt them can result in assault charges. If the harm was an accident and was not the result of reckless or intentional behavior, then assault did not occur. Acting in self-defense is also not considered assault.

While assault is serious, aggravated assault is much more serious and can even be charged as a first or second-degree felony. Assault can be charged as aggravated assault when:

• The assault involves a deadly weapon, including a firearm, knife, baseball bat, or even a vehicle.
• Serious bodily injury results from the assault, such as broken bones, damage to organs, scarring, or disability.

Assault charges can also be elevated to aggravated assault if one of the following is true:

• A family member or dating partner is strangled by the defendant.
• Another crime, like robbery or rape, occurs in conjunction with the assault.
• A public servant or police officer is the victim of the assault.
• The defendant has a prior assault conviction related to domestic violence, and the current assault is a family violence offense.
• The assault is against a witness in a trial.

What Are the Penalties for Assault and Aggravated Assault?

Simple assault with no injuries is considered a Class C misdemeanor, which brings a fine of $500. If there are injuries, the assault will be charged as a Class B misdemeanor. Penalties for a conviction of a Class B misdemeanor include up to 180 days in jail and a maximum fine of $2,000.  An assault on a pregnant woman, security officer, or public servant could be charged as a third-degree felony with up to ten years in prison and a maximum fine of $10,000.

Most aggravated assaults are second-degree felonies with penalties of two to 20 years in prison and a maximum fine of $10,000. Under certain circumstances, aggravated assault can be charged as a first-degree felony, usually when the person uses a deadly weapon and causes serious bodily injury to a family or household member. Aggravated assault against a witness in a trial or a security office is also a first-degree felony. A first-degree felony can carry a maximum sentence of life in prison.   

Contact a Hood County, TX Aggravated Assault Lawyer

Attorney Rob Christian is a former Hood County District Attorney. His good relationships with prosecutors, judges, and the Hood County courts provide a significant benefit to his clients. If you are facing assault or aggravated assault charges in Texas, it is important to speak to an experienced Hood County, TX aggravated assault lawyer from The Law Offices of Rob Christian. We are available 24/7 for your convenience. Call 682-936-4003 to schedule your free consultation.