According to section 22.02 of the Texas Penal Code, a person can be charged with aggravated assault with a deadly weapon if the use or exhibit a deadly weapon during the commission of an Aggravated Assault. This offense occurs when a person does one of the following:
• Intentionally or knowingly threatens another with imminent bodily injury while using or exhibiting a deadly weapon; or
• Intentionally, knowingly or recklessly causes bodily injury to another by using a deadly weapon
What is Considered a Deadly Weapon in Texas?
Texas Penal Code defintes a “Deadly Weapon” as
(a) a firearm or anything designed, adapted, or made for the purpose of inflicting serious bodily injury or death; or
(b) anything intended to be used and is capable of causing serious bodily injury or death.
This crime can be committed by pointing a firearm at another, shooting and wounding someone with a firearm or striking or threatening someone with a non-firearm deadly weapon such as a knife or blunt object capable while engaging in deadly conduct.
Defenses Against Aggravated Assault With a Deadly Weapon Charges
The offense of aggravated assault with a deadly weapon in Texas is a second degree felony with a punishment range of up to 20 years in prison and a fine of up to $10,000. Ultimately, the outcome of your case will be determined by the facts of your case, pre-trial investigation, and the ability of witnesses to testify on your behalf.
Key defenses in an assault with deadly weapon case can include:
Self defense. If you felt a reasonable threat to your life or someone else’s by another individual, it can be easy to express your reason for the assault.
Defense of property. Proving that another individual intended to defile, destroy, or steal your property can help to get your deadly weapon assault charges dismissed.
Being convicted of a felony will most likely have their dreams become delayed or ended after getting caught up in the wrong side of the the criminal justice system. However, even if it’s not possible to get your charges dismissed, the criminal defense attorneys at Justin Sparks Law Firm can work to reduce your charges, help you get placed on deferred adjudication probation or regular felony probation, or minimize the amount of time served.
Contact a Quality DFW Defense Attorney
You need an experience criminal defense attorney that can defend you when you’re faced with an assault with a deadly weapon charge. Justin Sparks will explain all of your options and spend the extra time to help you achieve the best possible outcome. Call 817-334-0300 for a free consultation today.
Justin Sparks has been defending clients across Fort Worth and Dallas for over ten years. Our firm helps you through the criminal process, from investigation to appeals, if need be. Free consultations for all new cases.