Experienced Legal Team Fights for Your Rights in Texas
In Texas, you may be arrested for assault if you use force or threats of force against another person. Assault causing bodily injury is a Class A misdemeanor, punishable by up to 1 year in jail and a $4,000 fine. Assault with a deadly weapon, on the other hand, is a felony offense.
If you are arrested for aggravated assault, your reputation, freedom, and future are on the line. Without an experienced assault with a deadly weapon defense lawyer in San Antonio by your side, you risk facing the maximum sentence.
At Austin Hagee Law Firm, PLLC, we understand what is at stake with your assault case. Rest assured that as former prosecutors, we know how to construct a solid defense that safeguards your rights.
What is Considered Assault in Texas?
Many people lump assault and battery together. However, in Texas, assault and battery are two different crimes.
You may be arrested for assault if you:
- Intentionally, knowingly, or recklessly cause physical harm to another individual
- Intentionally or knowingly threaten another individual with physical injury
- Intentionally or knowingly cause physical contact to another person, and you intended to provoke or offend
Should you cause serious bodily harm to another person or use a deadly weapon during the commission of an assault, you may be charged with aggravated assault.
What is a Deadly Weapon in Texas?
If you are accused of wielding a deadly weapon, seek an assault with a deadly weapon lawyer in San Antonio immediately. Deadly weapon crimes endanger the public and are dealt with swiftly by the criminal justice system in San Antonio.
According to Tex. Penal Code § 46.01 guns, firearms, and weapons that are considered deadly can include any of the following:
- Machine guns,
- Short-barrel firearms,
- Chemical dispensing devices,
- Zip guns,
- Illegal knives, such as switchblades,
- Firearm silencers,
- Brass knuckles,
- Explosive weapons,
- Armor-piercing ammunition,
- Daggers, or
- Bowie knives.
“Club” refers to an instrument that is specifically made, designed, or adapted for the purpose of causing serious injury or death by striking a person with the instrument. Examples of “clubs” include blackjacks, maces, tomahawks, baseball bats, and nightsticks.
According to the Penal Code § 46.01, a firearm is “…any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use.
Penalties for Assault with a Deadly Weapon in San Antonio
If you are arrested for assault with a deadly weapon, you will likely be charged with aggravated assault — a second-degree felony punishable by two to 20 years in prison and fines up to $10,000.
If any of the following factors apply, the crime is elevated to a first-degree felony:
- You use a deadly weapon in committing domestic assault and cause serious bodily injury to the victim.
- You commit the crime against a public servant, such as a state worker or city counselor acting in their official capacity.
- You commit aggravated assault as retribution against a witness or informant.
- You discharge a firearm from a motor vehicle at a house, building, or motor vehicle with reckless disregard for whether it’s occupied and causes serious bodily injury to the victim.
A first-degree felony conviction carries a prison sentence of five to 99 years and up to $10,000 in fines.
Defenses for Assault with a Deadly Weapon in San Antonio
An arrest for assault with a deadly weapon is a serious matter. However, with the right legal team on your side, you can fight the charges.
Common tactics we use to help assault defendants in Texas include:
- Self-defense — You are lawfully allowed to use weapons for self-protection in Texas.
- Lack of a deadly weapon — The prosecution must prove that you used a deadly weapon during the assault. If no weapon was present or found, charges may be reduced or dropped.
- Lack of Intent — You must have unknowingly assaulted the victim. If you can show there was a lack of intent, the charges may be dismissed.
- Mistaken identity — The victim may have mistaken you for the real perpetrator.
- Unaware that the victim was a public servant — You may be able to have the charges against you reduced if you can prove that you did not know that the victim was a public servant.
- Insufficient evidence —A lack of evidence, such as eyewitness testimony, may result in dropped charges.
At the end of the day, every aggravated assault case is different. Your attorney can review your case and help you devise the best defense for the charges you face.
Find an Assault With a Deadly Weapon Defense Lawyer in San Antonio
At Austin Hagee Law Firm, PLLC, we understand how stressful a criminal arrest can be. You may be intimidated or scared about your future. When you seek our help, we work swiftly to protect your rights and help you fight back.
Whether you are arrested for simple assault or assault with a deadly weapon, our legal team is ready to take your case. Call 210-500-3700 or contact us online to schedule a free consultation to speak to an experienced assault defense attorney today. Payment plans are available.