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What is a deadly weapon?
The court defines a “deadly” weapon as anything that inflicts or causes death or serious bodily injury to someone. The most common deadly weapons are firearms, baseball bats or knives.
Often, a court will consider common everyday objects to be a “deadly” weapon depending on the facts of the case. For instance, items such as golf clubs, baseball bats, glass bottles, or a motor vehicle could be considered deadly if used to cause serious bodily injury or death to the victim. Thus these objects earn an aggravated enhancement for the assault.
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What is aggravated assault with a deadly weapon?
Aggravated assault with a deadly weapon is a serious crime under Texas law. According to Texas Penal Code § 22.01, a person commits aggravated assault with a deadly weapon if he or she causes serious bodily injury to another while using or exhibiting a deadly weapon during the commission of an assault.
In other words, the defendant does not need to necessarily hurt the victim with the weapon to be charged with aggravated assault with a deadly weapon; rather,
- the defendant must make either an imminent threat to hurt someone
- cause offensive physical contact with someone or (2) while a weapon is used or exhibited.
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What is the punishment for aggravated assault with a deadly weapon?
In Texas, aggravated assault with a deadly weapon is typically a second-degree felony that is punishable by two to 20 years in the state penitentiary and a fine of $10,000.
The charge may be elevated to a first-degree felony, which increases the sentencing to five years to life if the assault is committed with a deadly weapon and involves:
- Family violence or dating violence
- A public servant or an official on duty
- Retaliation against a witness, prospective informant, or a person who reported the occurrence of a crime
- or against a security officer
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