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What you Need to Know if Charged with Aggravated Assault in Texas

What you Need to Know if Charged with Aggravated Assault in Texas

The Texas Criminal Justice System takes handles cases that involve allegations of assault and other violent crimes very seriously. In some cases, regular assault charges may be enhanced to aggravated assault charges. 

Are you facing charges of aggravated assault in Texas? A conviction for charges of aggravated assault is serious and may result in serious personal, professional, and legal repercussions.

Fight back against allegations of aggravated assault with the help of an experienced criminal defense lawyer. An attorney can build a defense case and can work with the prosecution to have charges lessened, or even dropped, outside of the courtroom.

The following informational guide will reveal everything that you need to know about aggravated assault charges in Texas. We will examine the reasons that a simple assault charge could be enhanced to an aggravated charge.

How Does Texas Define Aggravated Assault?

Texas legal codes define aggravated assault as the act of causing intentional serious injury to another person. You can read more about the legal definition of aggravated assault on the FBI Uniform Crime Reporting Agency Website.

What is the Difference Between Simple Assault and Aggravated Assault?

All criminal assault charges are serious and fall within a category of law known as violent crimes. However, there are some forms of assault that punished more severely than other forms, including:

Types of Circumstances when Assault Can Be Charges as Aggravated Assault:

  • Assault on a Child
  • Assault Against the Elderly
  • Assault of a Disabled Person
  • Assault on a Pregnant Woman
  • Assault w/ a Deadly Weapon
  • Assault that Results in Serious Bodily Injury

Spousal Violence

Cases that involve spousal abuse are also considered aggravated offenses. Spousal abuse refers to any form of abuse that a current or former intimate partner. These crimes may include physical, and psychological abuse, and/or stalking.

You may face additional penalties for subsequent incidents of spousal violence. This crime, known as continuous violence against the family, does not require the same individual to be involved as the defendant for these charges to be applicable.

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Assault Against Government Authorities

Allegations of criminal assault against a government authority, or another individual in a position of power, are automatically elevated to aggravated charges.

Aggravated Charges Apply When Assault is Committed Against:

  • Correctional Officers
  • Firefighters
  • First Responders
  • Law Enforcement
  • Social Services

Can Assault Charges Be Dropped in Texas?

Yes, you may be able to have assault charges dropped with the help of an experienced criminal defense attorney. Your lawyer may be able to arrange a plea deal for a lesser assault charge in cases with irrefutable evidence.

What are the Penalties for Aggravated Assault in Texas?

A conviction on violent criminal charges, including assault and aggravated assault can result in harsh repercussions. Penalties for violent crimes could include steep fines and mandatory jail/prison time.

For example, a conviction on a 2nd-degree felony carries a prison sentence of anywhere from 2-20 years behind bars. You may also face fines of up to $10,000 in addition to mandatory prison sentencing.

Your criminal record will also be stained after a violent crime may also affect your current and future professional opportunities and could also be damaging to your personal relationships.

Criminal charges may also be increased if certain circumstances are met. For example, if a deadly weapon is used.

How Do You Beat an Aggravated Assault Charge in Texas?

The only wait to beat an aggravated assault charge in Texas is to reach out to an experienced criminal defense lawyer. A criminal defense attorney can work to build a case that can help you fight back against these charges and maintain your freedom.

Texas Criminal Defense for Aggravated Assault:

  • Innocence
  • Self-Defense
  • Intoxication
  • Defense of Others
  • Defense of Property
  • Duress

The prosecution will need to prove, without any reasonable doubt, that you intentionally caused harm to another individual.

Your Lawyer Fights for You

An assault attorney’s job is to fight back against anyone who stands against you in the courtroom. An aggravated assault defense attorney can question law enforcement, argue the prosecution, and create doubt surrounding your criminal allegations. These are critical elements in a successful defense case.


Facing assault charges in Dallas, Texas? Don’t let an aggravated assault charge ruin your life. You deserve the best legal defense fighting for your rights in a court of law.

Contact an experienced Dallas assault defense lawyer today at Gallian Firm for a free consultation and case review. Gregg Gallian has the skills, experience and success record to work in your favor. He will fight for you. Call Gallian Firm at 214-432-8860.


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