What is Aggravated Assault with a Deadly Weapon in Texas?
In Texas if a person is charged with aggravated assault with a deadly weapon the State must prove beyond a reasonable doubt:
- A person
- Intentionally, knowingly, or recklessly
- Causes serious bodily injury to another, or
- Uses or exhibits a deadly weapon during the commission of the assault
With exceptions, aggravated assault with a deadly weapon is typically charged as a second degree felony. Meaning the punishment range is 2 – 20 years in prison and/or up to a $10,000 fine. Tex. Pen. Code 22.02.
The difference between misdemeanor assault and felony aggravated assault boils down to the severity of the injuries and/or the instrument used to inflict or threaten to inflict injury upon another.
A deadly weapon is defined as “anything designed, made, or adapted for the purpose of inflicting death or serious bodily injury. Tex. Pen. Code 1.07 (a)(17)(a). An example would be a gun or knife. A deadly weapon can also be any object if the actor intends to use the object in a manner capable of causing death or serious bodily injury. McCain v. State, 22 S.W.3d 497, 503 (Tex. Crim. App. 2000). Flashlights, plywood, dustpans, and belt buckles are all examples of objects found to be deadly weapons.
A deadly weapon finding significantly impacts an accused eligibility for probation and parole.
The Adamo Law Firm – Trust The Process.
Today the State agreed to dismiss our client’s aggravated assault with a deadly weapon accusation. An independent investigation by our legal team revealed the State’s main witness had doubts on whether a deadly weapon (knife) was used in the commission of the offense. After presenting the new evidence to the district attorney, a misdemeanor was offered. Despite the collateral consequences from a potential felony conviction, our client trusted our proven process and rejected the offer. A few moments later the State agreed to dismiss all charges. A fantastic Friday for our client and our legal team.
