A Georgetown aggravated assault lawyer defends people charged with felony assault in Williamson County. Under Texas Penal Code § 22.02, an assault becomes aggravated when it causes serious bodily injury or involves a deadly weapon. The charge is a second-degree felony carrying 2 to 20 years in prison, and a deadly weapon finding can delay parole for decades. At the Law Office of Jorge Vela, a former state and federal prosecutor who tried these exact cases builds the defense. Call (512) 537-1237 for a free, confidential consultation, 24/7. Se habla español.
What Is Aggravated Assault Under Texas Law?
Aggravated assault is a standard assault plus one of two aggravating elements: causing serious bodily injury or using or exhibiting a deadly weapon during the assault. The State only needs to prove one of these elements to elevate the charge from a misdemeanor to a felony.
These two elements are at the center of every aggravated assault case. Which one the State is relying on in your case shapes the entire defense strategy, because each can be challenged on different grounds and each carries different consequences at sentencing.
What Counts as “Serious Bodily Injury” in Texas?
Under § 1.07(a)(46), serious bodily injury means an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of a bodily member or organ. This is a higher threshold than ordinary “bodily injury,” which requires only physical pain. Broken bones, deep lacerations requiring surgery, traumatic brain injuries, and organ damage typically meet the standard. A black eye or bruising, standing alone, generally does not.
What Counts as a “Deadly Weapon” in Texas?
A deadly weapon under § 46.01 is anything designed, made, or adapted for killing, or anything capable of causing death or serious bodily injury in the manner it’s used or intended to be used. Firearms and knives qualify automatically. But Texas courts have classified vehicles, baseball bats, bottles, and even hands and feet as deadly weapons depending on how they were used during the assault. If it can hurt someone and you used it that way, the State will call it a deadly weapon.
What Is the Difference Between Assault and Aggravated Assault?
Assault under § 22.01 involves causing bodily injury or threatening imminent bodily injury and is generally a misdemeanor. Aggravated assault is a felony. The gap between the two is significant: a Class A misdemeanor assault carries up to one year in county jail, while a second-degree felony aggravated assault carries years in state prison. If you’ve been charged with assault and aren’t sure which level applies, an Austin assault defense lawyer can evaluate the facts and the charging document.
Why Trust the Law Office of Jorge Vela for Your Georgetown Aggravated Assault Defense
Former state and federal prosecutor Jorge Vela personally prosecuted violent felonies including aggravated assault, aggravated robbery, aggravated kidnapping, and murder as an Assistant District Attorney for Travis County and Webb County. As an Assistant United States Attorney in the Southern District of Texas, he tried federal cases before switching to defense in 2018.
Jorge knows how the Williamson County DA builds an aggravated assault file because he built them from the other side: the medical records that establish serious bodily injury, the witness identifications, the weapon evidence, and the officer testimony. He also knows where those files fall apart. Clients work directly with Jorge or partner attorney Miguel Aguilera, not a junior associate or case manager.
The firm handles both criminal defense and immigration, which is necessary when a felony assault conviction can independently trigger deportation. We’re available 24/7 and provide bilingual service across Georgetown, Round Rock, Cedar Park, Leander, and the rest of Williamson County. Se habla español.
Why Hire a Former Prosecutor for a Felony Assault Charge?
Jorge can evaluate the deadly weapon allegation, the medical records, and the witness statements the way the Williamson County prosecutor will. Weaknesses in the State’s case get identified before the case reaches a grand jury, when the defense still has room to shape the outcome.
Aggravated Assault Penalties in Texas
Aggravated assault is generally a second-degree felony. Certain circumstances elevate it to a first-degree felony carrying 5 to 99 years or life.
Charge Level | Circumstances | Prison Range | Fine |
Second-degree felony | Standard aggravated assault (SBI or deadly weapon) | 2 – 20 years | Up to $10,000 |
First-degree felony | Victim is a public servant or security officer on duty | 5 – 99 years or life | Up to $10,000 |
First-degree felony | Family violence + deadly weapon + serious bodily injury | 5 – 99 years or life | Up to $10,000 |
First-degree felony | Retaliation against a witness or informant | 5 – 99 years or life | Up to $10,000 |
First-degree felony | Drive-by shooting causing bodily injury | 5 – 99 years or life | Up to $10,000 |
The presence or absence of a deadly weapon allegation is one of the first things a defense attorney evaluates.
What Is the Sentence for Aggravated Assault in Texas?
A second-degree felony carries 2 to 20 years in prison and a fine up to $10,000. If the charge is elevated to a first degree, the range jumps to 5 to 99 years or life. Whether probation is available depends on the specific charge and whether a deadly weapon finding is involved. Without a deadly weapon finding, a judge can order community supervision. With one, that option is generally off the table.
How Does a Deadly Weapon Finding Affect Parole?
A deadly weapon finding makes aggravated assault a 3g offense under Texas Government Code § 508.145. The defendant must serve at least half the sentence or 30 years, whichever is less, before becoming eligible for parole. On a 20-year sentence, that means 10 years of flat time before parole is even considered. The 3g designation also limits eligibility for judge-ordered community supervision and makes early release significantly harder to obtain.
How We Defend Aggravated Assault Charges in Georgetown
Aggravated assault defenses target the specific elements the State must prove against you beyond a reasonable doubt. The most common defense strategies include:
- Self-defense and defense of others. Texas Penal Code Chapter 9 authorizes the use of force, including deadly force, when you reasonably believe it’s immediately necessary to protect yourself or another person.
- Challenging the serious bodily injury element. If the injury doesn’t meet the statutory threshold (substantial risk of death, serious permanent disfigurement, or protracted impairment), the felony can be reduced to a misdemeanor assault. Medical records and testimony are central to this challenge.
- Challenging the deadly weapon classification. The State must prove the object was capable of causing death or serious bodily injury in the manner it was used. If the alleged weapon was a common object and the use didn’t rise to the statutory standard, the classification can be contested.
- Lack of intent, alibi, mistaken identity, and false allegation. Aggravated assault requires that you acted intentionally, knowingly, or recklessly. If the injury was accidental or the wrong person was identified, those elements can be challenged.
- Early evidence preservation. Surveillance footage, medical records, and witness statements deteriorate or disappear quickly. Getting an attorney involved early protects evidence that the defense may depend on.
Can I Claim Self-Defense Against an Aggravated Assault Charge?
Yes. Texas law allows the use of force, including deadly force, when you reasonably believe it’s immediately necessary to protect yourself or someone else from another person’s unlawful force. Penal Code § 9.31 and § 9.32 govern self-defense and the use of deadly force. Texas is a Stand Your Ground state, meaning you have no legal duty to retreat before using force in a place where you have a right to be.
Can Aggravated Assault Charges Be Reduced or Dismissed?
Yes. If the State can’t prove the aggravating element beyond a reasonable doubt, the felony drops to a misdemeanor. Dismissals happen when evidence is suppressed, when the complainant’s account is contradicted by physical evidence or surveillance, or when the State’s case collapses on a required element. These cases are winnable. The question is whether the evidence actually supports the felony label.
Consequences Beyond a Conviction
An aggravated assault felony conviction follows you for life. A permanent felony record affects your employment, your housing applications, your professional licensing, and every background check you face going forward. You lose the right to possess firearms under both state and federal law, and you lose the right to vote while incarcerated or on community supervision.
An aggravated assault conviction can also qualify as an “aggravated felony” or a crime of violence under 8 U.S.C. § 1101(a)(43)(F) for non-citizens, triggering mandatory detention and removal proceedings with very limited relief available. Because the Law Office of Jorge Vela practices both criminal defense and criminal immigration defense, the resolution strategy accounts for both the criminal exposure and the immigration consequences from the first meeting.
Can an Aggravated Assault Conviction Affect My Immigration Status?
Yes. Under federal immigration law, a crime of violence with a sentence of one year or more qualifies as an “aggravated felony,” barring most forms of discretionary relief including cancellation of removal and asylum. A second-degree felony aggravated assault easily meets this threshold. If you’re a non-citizen facing an aggravated assault charge, disclose your immigration status to your attorney immediately so the defense can be built around both your criminal and immigration exposure.
The Aggravated Assault Case Process in Williamson County
Every felony in Williamson County is prosecuted and heard in Georgetown, regardless of which city the arrest originates in. Arrests may come from the Georgetown Police Department, the Williamson County Sheriff’s Office, or any municipal department along the I-35 and SH-130 corridors.
Texas law requires felony charges to be presented to a grand jury for indictment. Cases can take six months to two years or more from arrest through resolution. The period between arrest and indictment is the most valuable window in a felony case.
Where Are Aggravated Assault Cases Prosecuted in Williamson County?
All felony cases in Williamson County are prosecuted by the Williamson County District Attorney’s Office and heard in the district courts at the Williamson County Justice Center at 405 M.L.K. Jr. St in Georgetown. The arresting city is irrelevant. Whether the arrest happened in Round Rock, Cedar Park, Leander, Hutto, or anywhere else in the county, every violent felony goes through the same courthouse and the same prosecutors.
Why Does Hiring a Lawyer Before Indictment Matter?
The period between your arrest and indictment is when the defense has the most room to operate. An attorney can preserve surveillance footage before it’s overwritten, interview witnesses while memories are fresh, and present evidence to the prosecutor or grand jury that may prevent an indictment entirely. Once indicted, the case moves to the district court docket and the options narrow. For a felony carrying 2 to 20 years or more, that early window is worth protecting.
Frequently Asked Questions About Aggravated Assault in Georgetown
What Evidence Does the State Need for an Aggravated Assault Conviction?
The State must prove beyond a reasonable doubt that you committed an assault and that the assault involved serious bodily injury or a deadly weapon. Evidence typically includes medical records documenting the injury, witness statements, surveillance or bodycam footage, physical evidence from the scene, and forensic analysis of any alleged weapon. The strength of the case often depends on how well the medical evidence supports the “serious bodily injury” threshold.
How Much Does an Aggravated Assault Lawyer Cost in Georgetown?
Fees vary depending on the complexity of your case, whether it involves a first-degree enhancement or deadly weapon finding, and whether it goes to trial. Felony cases require more investigation, preparation, and court time than misdemeanors. The Law Office of Jorge Vela offers a free initial consultation with an aggravated assault attorney to evaluate your case and discuss fees before you commit. Call (512) 537-1237 to schedule that conversation.
Can You Get Probation for Aggravated Assault in Texas?
Probation may be available for a second-degree felony aggravated assault if there is no deadly weapon finding. A judge can order community supervision in that scenario. A deadly weapon finding makes the defendant ineligible for judge-ordered community supervision, though a jury can still grant probation in some cases after trial. Whether probation is realistic depends on the facts, your criminal history, and the specific allegations in your case.
Is Aggravated Assault a 3g Offense?
Aggravated assault is a 3g offense when it involves a deadly weapon finding. The 3g designation under Texas Government Code § 508.145 means the defendant must serve at least half the sentence before parole eligibility and is generally ineligible for judge-ordered community supervision. Not all aggravated assault charges carry the 3g designation. Only those where the court enters a deadly weapon finding in the judgment.
Talk to a Georgetown Aggravated Assault Lawyer at the Law Office of Jorge Vela
A felony aggravated assault charge carries years or decades in prison, and the window before indictment is when the defense has the most room to work. Once that window closes, the options narrow fast. Don’t wait for the indictment to start building your defense.
Jorge Vela spent seven years as a state and federal prosecutor trying violent felonies before founding the Law Office of Jorge Vela. He knows how the Williamson County DA’s office builds these cases because he built them. If you’re facing an aggravated assault charge in Georgetown or anywhere in Williamson County, talk to a Georgetown criminal defense attorney who has been on the other side.
Call (512) 537-1237 any time, day or night. Free, confidential consultation. Our office is at 818A W 10th St, Austin, TX 78701, and we serve Georgetown, Round Rock, Cedar Park, Leander, Hutto, Taylor, and Liberty Hill. Schedule a consultation online. Se habla español.
