Aggravated Assault With A Deadly Weapon in Texas
If you’ve been charged with an aggravated assault with a deadly weapon in the state of Texas you could be facing some very serious penalties. Hiring an experienced aggravated assault lawyer is crucial. It is important to remember when you’ve been charged with this crime the prosecutor must prove beyond a reasonable doubt all elements of this crime were intended. It’s an extremely hard burden of prove and any doubt in the judges mind will likely reduce the charges against you.
Below is the State of Texas Penal Code for Aggravated Assault With A Deadly Weapon.
Aggravated Assault Lawyer | Conroe, TX
Sec. 22.02. AGGRAVATED ASSAULT
(a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
(1) causes serious bodily injury to another, including the person’s spouse; or
(2) uses or exhibits a deadly weapon during the commission of the assault.
(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:
(A) by a public servant acting under color of the servant’s office or employment;
(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or
(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
(3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
(A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
(B) is reckless as to whether the habitation, building, or vehicle is occupied; and
(C) in discharging the firearm, causes serious bodily injury to any person.
(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer.
(d) In this section, “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a non commissioned security officer registered under Section 1702.221, Occupations Code.
Almost anything or any type of weapon can be used as a deadly weapon in Texas. As defined in Tex. Penal Code § 46.01, deadly weapons can include any of the following:
- Zip Guns,
- Switchblade Knives,
- Short-Barrel Firearms,
- Machine Guns,
- Illegal Knives,
- Firearm Silencers,
- Explosive Weapons,
- Chemical Dispensing Devices,
- Bowie Knives,
- Blackjacks, and/or
- Armor-Piercing Ammunition.
Amanda Webb – The Webb Firm, P.C. – Aggravated Assault With A Deadly Weapon Lawyer in Montgomery County Texas
Amanda Webb, Former Prosecutor for Montgomery County and other Webb Firm, P.C. Lawyers have extensive experience in helping individuals who have been charged with this crime. Our lawyers have the trial experience needed to achieve the outcomes desired by our clients. If you’ve been charged with this crime, please call: 936-647-3352 or contact us here. Aggravated Assault Lawyer in Conroe, TX.