San Antonio Aggravated Assault Lawyers

Defending Against Aggravated Assault Charges in Texas

In the state of Texas, assault charges are treated extremely seriously. Even the most minor assault charge, simple assault, can invoke harsh consequences. Being accused of committing aggravated assault, which tends to involve larger acts of violence, puts you in an even more precarious position. If the accusation involves alleged serious bodily injury or alleged use or exhibition of a deadly weapon, you could be liable for expensive fines and a lengthy prison sentence, if convicted.

When you have been accused, quickly get in touch with our aggravated assault defense attorneys in San Antonio. The Law Office of Derek S. Ritchie, PLLC understands how the prosecution works and can employ powerful strategies to defend you against unfair accusations. Our criminal defense lawyers work to present your side of the story in court.

What Is Aggravated Assault?

Unlike simple assaults, those that are classified as “aggravated” are also considered felonies in the eyes of the law.

Under Texas Penal Code Section 22.02, aggravated assault generally involves committing assault and causing serious bodily injury or using or exhibiting a deadly weapon. Whether an alleged object qualifies as a deadly weapon depends on how it was allegedly used and the facts of the case.

The following allegations may be raised in aggravated assault cases, depending on the statutory elements and facts:

• Hitting someone with a dangerous object or any form of weapon, or threatening to hit someone
• Using firearms against another person
• Threatening murder while holding a firearm
• Willfully assaulting a victim with the goal of accomplishing another felony, including rape or robbery
• Assaulting someone while disguising your true identity
• Any aggressive behavior that results in another person experiencing serious bodily harm

What Are the Penalties for Aggravated Assault in Texas?

No one wants to be convicted of any kind of assault charge, but being charged with aggravated assault is much more serious since the laws are so stringent. Not only do the penalties for a conviction result in lengthy incarceration and hefty fines, but they can leave a permanent mark on your record that can be difficult or impossible to ever remove.

Statutory Felony Classifications

Under Texas Penal Code Section 22.02, aggravated assault is generally a second-degree felony. Specified circumstances can elevate a charge to a first-degree felony, and the charge level depends on the alleged conduct, injury, weapon, victim relationship or status, and other facts identified in the charging documents.

Depending on whether your aggravated assault charge is classified in the first or second degree, you could face the following statutory ranges:

• First-degree felony: Five years to 99 years or life in prison and a fine of up to $10,000
• Second-degree felony: Two years to a maximum of 20 years in prison and a fine of up to $10,000

Case Considerations beyond Sentencing

Beyond the statutory range, an aggravated assault case can involve bond conditions, restrictions on contact with an alleged victim, indictment, plea negotiations, and a criminal trial. A deadly-weapon allegation can also affect legal consequences and available sentencing options, making the wording of the allegation and supporting evidence important considerations for an aggravated assault defense lawyer serving San Antonio.

A felony accusation can affect employment, housing, professional licensing, family relationships, and firearm rights depending on a person’s circumstances and the outcome of the case.

Defenses Against Aggravated Assault Charges

Common defenses against aggravated assault may include:

• Self-Defense: If you acted to defend yourself from imminent harm, you might have a valid self-defense claim. To assert this defense, there must be evidence that you reasonably believed the force used was necessary to prevent harm to yourself.
• Defense of Others: Similarly, you may defend someone else if they were at risk of immediate harm. This defense requires proving that your actions were justified to protect another person from serious injury or death.
• Lack of Intent: Intent plays a significant role in aggravated assault cases. If the prosecution cannot prove that you intended to cause harm or acted recklessly with a deadly weapon, the charges may not hold.
• Mistaken Identity: Eyewitness accounts and identification errors are common in criminal cases. If you were misidentified as the perpetrator, evidence such as alibis, surveillance footage, or forensic analysis can support your defense.
• Absence of a Deadly Weapon: In instances where the alleged assault involves a deadly weapon, challenging the weapon’s classification or whether it was used as claimed can raise questions about the prosecution’s case.
• Consent: In rare situations, the alleged victim could have consented to the actions that led to the charges. While this defense does not apply to every case, it can be relevant in specific contexts, such as contact sports or consensual altercations.

Early Defense Considerations After an Aggravated Assault Allegation

A person arrested, investigated, or contacted by law enforcement about an aggravated assault allegation should avoid discussing the facts with investigators or other involved people before receiving legal advice, subject to that person’s circumstances and legal rights. An aggravated assault lawyer can review the accusation early, identify available witnesses, and assess whether time-sensitive recordings or messages may be relevant.

In Bexar County criminal courts, a felony case may move through initial settings, indictment, pretrial proceedings, negotiations, and trial. The prosecution must prove the charged offense beyond a reasonable doubt, including the facts needed to establish serious bodily injury or the use or exhibition of a deadly weapon when those allegations are part of the charge.

Contact Our Aggravated Assault Lawyer in San Antonio Today

When you have been accused of this serious crime, it is important to get in touch with our team at The Law Office of Derek S. Ritchie, PLLC.

Clients work directly with Attorney Derek S. Ritchie throughout their case, and The Law Office of Derek S. Ritchie, PLLC is available for client needs, including weekends. The firm can pursue negotiated resolutions or take a case to criminal trial when appropriate.

Contact The Law Office of Derek S. Ritchie, PLLC today to get started with our San Antonio aggravated assault lawyer.