Aggravated Assault in Texas – Bodily Injury
"Aggravated Assault is a second-degree felony, and includes Deadly Conduct."
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Aggravated Assault and Deadly Conduct in Texas.
Aggravated Assault in Texas can be defined as performing many acts including:
- Intentionally, knowingly or recklessly causing serious bodily injury to another person, or
- Using or exhibiting a deadly weapon in the course of committing any assault crime, including threatening another with bodily injury or engaging in conduct that the victim likely will find offensive.
- (Tex. Penal Code Ann. § § 22.01, 22.02).
The offense of Deadly Conduct in Texas can also be defined in many ways, including:
- Recklessly engaging in any conduct that places another at imminent risk of suffering a serious bodily injury, or
- Knowingly discharging a firearm at a person(s), house, building or vehicle with reckless disregard for whether the house, building or vehicle is occupied.
- (Tex. Penal Code Ann. § 22.05).
Some forms of road rage could constitute Deadly Conduct.
Why you need an aggressive attorney to represent you on Aggravated Assault charges.
Simply said, Your freedom may depend on it. Aggravated assault is a more serious assault than battery, and it results in Felony charges. Aggravated Assault is a serious crime, and penalties depend on the degree of injuries and the use of “weapons” in the committal of the assault. Having an attorney aggressively investigating the prosecution’s claims and fighting for your freedom is imperative.
Whatever the type of assault the State charges you with, you have the right to an attorney and effective criminal defense. You need a lawyer who can sit down with you and explain what your options are and how they can protect you. At Matthew Pillado LLC, our lawyers will guide you through the complicated legal process and defend your rights.
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Texas Penal Code – PENAL § 22.02. Aggravated Assault
(a) A person commits an offense if the person commits assault as defined in § 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 noncommissioned security officer registered under Section 1702.221, Occupations Code .