Cases of assault are taken very seriously in Texas. An arrest for assault or aggravated assault can have far reaching consequences that may affect your job, your state and federal licenses, your right to carry a firearm, and your reputation. More importantly, an assault conviction may result in stiff criminal penalties including fines, probation, and even jail time.
If you have been charged with an Assault charge, you need to hire an attorney with experience. As a prosecutor, Jorge Vela handled hundreds of violent felony cases which included cases of assault, aggravated assault, and manslaughter. Now, as a defense attorney, he is using that experience to fight for you.
What Constitutes Aggravated Assault With A Deadly Weapon?
The answer to this question can change your sentence — and your life. Under Texas law, when a deadly weapon is involved in an assault, the relevant charge is automatically upgraded to aggravated assault. Aggravated assault is a second-class felony in Texas. It carries a prison sentence of 2 to 20 years and also comes with a $10,000 fine.
Although guns and knives are most often discussed in this context, many objects can qualify as deadly weapons if used in a violent manner. Examples include cars, sports equipment, and chopping boards. A simple butter knife can be considered a deadly weapon if held to a person's throat. Aggravated assault charges can be brought even when no weapons are involved. The law considers fists to be deadly weapons in some situations.
Some Examples of Aggravated Assault
Shooting or stabbing another person
Inflicting serious bodily harm on another person without a weapon present
Using any kind of ordinary object to inflict injury on another person
Using a rope to choke another person
Austin lawyer Jorge Vela has many years of experience as a prosecutor handling aggravated assault cases in Texas. In his role as a defense lawyer, he brings decades of knowledge to fight for you.
Penalties for Assault Charges
A person commits a misdemeanor assault (Class A) if he intentionally, knowingly, or recklessly causes bodily injury to another. A person may also commit the offense of assault if he even threatens another with imminent bodily injury.
If a deadly weapon is alleged to have been used or the victim is alleged to have suffered serious bodily injury, you could be charged with aggravated assault, a second degree felony.
Assault (Class A)
If a person is convicted of a Class A misdemeanor, he or she can be sentenced to up to a year in jail, and/or a fine of up to $4,000. A defendant may still qualify for probation.
Aggravated Assault (2nd degree felony)
A second-degree felony is punishable by between two and 20 years behind bars, and/or up to a $10,000 fine. A defendant may still qualify for probation.
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Defenses to Assault
Just because you have been arrested for assault, does not mean you are guilty. Sometimes you may be faced with a situation where you had to fight in order to defend yourself, your friends, or your loved ones. If you hire an attorney like Jorge Vela, here are some of the defenses that he can use to fight for you.
Defense of Others
Mistake of Fact
If you or a loved one has been accused of an assaultive offense, contact The Law Office of Jorge Vela today for a free consultation.