Aggravated assault in Austin is charged as a felony under Texas Penal Code § 22.02, carrying two to twenty years in prison or up to life for first-degree charges. If you’re facing aggravated assault charges in Austin, you need a defense attorney who has handled these cases from both sides of the courtroom. At the Law Office of Jorge Vela, our team is led by a former federal and state prosecutor who personally tried violent felony cases in Travis County. We defend clients charged with assault with a deadly weapon, serious bodily injury, and all felony assault offenses across Central Texas. Call (512) 537-1237 for a 24/7 consultation; se habla español.
What Is Aggravated Assault Under Texas Law?
Texas Penal Code § 22.02 defines aggravated assault as an assault that either causes serious bodily injury to another person or involves the use or exhibition of a deadly weapon. The State doesn’t need to prove both elements to bring a felony charge. Texas doesn’t separate assault from battery the way other states do, so both concepts fall under the same statute. Any intentional, knowing, or reckless act that causes or threatens bodily injury can serve as the underlying offense. Understanding which prong the State is relying on is where your defense begins.
What is the difference between assault and aggravated assault in Texas?
A simple assault under Texas Penal Code § 22.01 involves causing bodily injury, which Texas defines broadly enough to include even the sensation of pain. It’s usually charged as a Class A misdemeanor carrying up to one year in county jail. Aggravated assault is a felony because it requires either serious bodily injury or the use of a deadly weapon. Serious bodily injury means an injury that creates a substantial risk of death, permanent disfigurement, or protracted impairment. That distinction changes how your case moves through the Travis County court system.
If you’re facing a simple assault charge, learn more about how an assault defense lawyer in Austin can help.
What counts as a deadly weapon under Texas law?
Texas Penal Code § 1.07(a)(17) gives two definitions of a deadly weapon. The first covers anything manufactured or designed to inflict death or serious bodily injury, which includes firearms, knives, and similar weapons. The second is broader and applies to any object that, based on how it was used or intended to be used, is capable of causing death or serious bodily injury. That broader definition is where most Austin aggravated assault cases turn, because Texas courts have classified motor vehicles, baseball bats, bottles, rocks, and even shod feet as deadly weapons.
Do you have to injure someone to be charged with aggravated assault?
You don’t have to cause any injury to face aggravated assault charges in Austin. If you used or exhibited a deadly weapon during the commission of an assault, the charge applies regardless of whether anyone was physically hurt. Road rage incidents are a common example: a driver who brandishes a firearm during a confrontation can face a second-degree felony even if no shots were fired. Bar altercations on Austin’s 6th Street where someone picks up a bottle, and domestic arguments where a knife is displayed, follow the same pattern. Cases involving assault by strangulation may also result in aggravated charges depending on the severity of injury.
Why Trust the Law Office of Jorge Vela As Your Aggravated Assault Lawyer in Austin
Attorney Jorge Vela spent seven years as a prosecutor before founding his criminal defense practice in 2018. That experience shapes every aggravated assault and deadly weapon case the firm handles. As an Assistant United States Attorney for the Southern District of Texas, Jorge investigated and prosecuted large-scale drug trafficking organizations tied to cartels along the U.S.-Mexico border. As an Assistant District Attorney in Travis County and Webb County, he personally tried violent felony cases, including aggravated assault, aggravated robbery, intoxicated manslaughter, and murder.
That dual background means Jorge knows what evidence the Travis County District Attorney’s office prioritizes in assault cases. He understands how prosecutors present deadly weapon findings to a grand jury and where those cases tend to break down. Our defense strategy starts with that insider knowledge.
The firm also includes partner attorney Miguel Aguilera, and our team brings combined prosecutorial and defense experience to every case. We’re bilingual (se habla español) and available 24/7. Our office is located at 818A W 10th St, Austin, TX 78701, and we serve clients across Travis, Williamson, Hays, Bastrop, and surrounding Central Texas counties. Learn more about our full criminal defense practice in Austin.
Penalties for Aggravated Assault in Austin, Texas
In Austin and across Texas, aggravated assault is treated as a second-degree felony by default. The penalty range is two to twenty years in the Texas Department of Criminal Justice (TDCJ) and a fine of up to $10,000. Certain circumstances elevate the charge to a first-degree felony, which raises the prison range to five to ninety-nine years or life.
The most common first-degree enhancement applies when a deadly weapon was used to cause serious bodily injury to a family member, household member, or dating partner. These cases overlap with those handled by a domestic violence defense attorney in Austin. Assaults against public servants performing official duties, retaliation against a witness or informant, and drive-by shootings also trigger first-degree classification. In 2023, the Texas Legislature passed HB 28, adding a first-degree enhancement for assaults causing traumatic brain or spine injuries that result in a persistent vegetative state or irreversible paralysis.
Charge Level | Prison Range | Fine | Probation Eligible? |
Second-Degree Felony (standard aggravated assault) | 2–20 years TDCJ | Up to $10,000 | Only by jury recommendation; judge cannot grant after conviction (3G offense) |
First-Degree Felony (enhanced) | 5–99 years or life | Up to $10,000 | Only by jury recommendation with sentence of 10 years or less |
What is a 3G offense and how does it affect your aggravated assault sentence?
Aggravated assault with a deadly weapon is classified as a 3G offense under Texas Code of Criminal Procedure Article 42A.054. If you’re convicted, you must serve at least half of your prison sentence before you become eligible for parole, compared to one quarter for non-3G felonies. A judge cannot grant you probation after a 3G conviction. Only a jury can recommend community supervision, and only for sentences of ten years or less. These restrictions make pre-trial resolution through dismissal or charge reduction far more valuable than in a standard felony case.
What collateral consequences follow an aggravated assault conviction?
Your life doesn’t return to normal once an aggravated assault sentence in Travis County ends. A felony conviction for aggravated assault creates a permanent criminal record that cannot be expunged, and that record follows you into employment applications, housing searches, and professional licensing decisions. Aggravated assault falls within the broader category of violent felony defense in Austin, and the collateral consequences are among the most severe. Federal law under 18 U.S.C. § 922(g) prohibits convicted felons from possessing firearms, and Texas enforces the same restriction. Courts may also impose restitution to the alleged victim and issue protective or no-contact orders that remain in effect well after sentencing. If you have children, a felony conviction can affect custody arrangements.
Can an aggravated assault conviction trigger deportation?
Under federal immigration law, a Travis County aggravated assault conviction can qualify as an aggravated felony as defined by INA § 101(a)(43). Non-citizens convicted of an aggravated felony face mandatory deportation, a permanent bar to reentry into the United States, and the loss of eligibility for asylum, green card status, and naturalization. These consequences apply to lawful permanent residents and visa holders, not only undocumented individuals. Because the Law Office of Jorge Vela handles both criminal defense and immigration law, our team can build a defense that accounts for your criminal case and your immigration status.
Defense Strategies for Aggravated Assault Charges in Austin
Every aggravated assault conviction in Travis County requires the State to prove each element of the offense beyond a reasonable doubt. That burden gives your defense attorney multiple points of attack. If law enforcement violated your constitutional rights during the arrest, investigation, or interrogation, the evidence they collected may be inadmissible. Our attorneys file motions to suppress evidence obtained through unlawful searches, improper seizures, and Miranda violations.
Witness credibility problems also create openings. Contradictory witness statements, missing or incomplete body-cam footage, and unreliable eyewitness identifications are more common in Austin assault cases than most people expect. A former prosecutor understands which weaknesses in an aggravated assault file actually change the outcome, because he spent years building those same files from the other side.
Is self-defense a valid defense against aggravated assault in Texas?
Self-defense is a complete defense against aggravated assault charges under Texas law, meaning it can lead to a full dismissal or an acquittal at trial. Texas Penal Code §§ 9.31 and 9.32 establish that you’re justified in using force, including deadly force. The standard requires that you reasonably believed force was immediately necessary to protect yourself from another person’s unlawful use of force. Texas is a Stand Your Ground state, so you have no legal obligation to retreat before defending yourself. The Castle Doctrine provides additional protection when the threat occurs inside your home, vehicle, or place of business, creating a legal presumption that your use of force was reasonable. Section 9.33 extends the same standards to defense of a third person.
Can aggravated assault charges be reduced or dismissed in Texas?
Aggravated assault charges can be reduced or dismissed in Texas. These charges are frequently reduced through pre-trial negotiation when the evidence supports a lesser offense. Removing the deadly weapon element, for example, drops the charge from a felony to a Class A misdemeanor simple assault. That reduction means a maximum of one year in county jail rather than years in state prison. If the alleged victim’s injuries don’t meet the legal threshold for serious bodily injury, that gap in the evidence supports a reduction as well. In cases where the alleged victim no longer wishes to cooperate with the prosecution, an affidavit of non-prosecution can strengthen a motion to dismiss. Other possible reductions include deadly conduct and disorderly conduct, both of which carry significantly lighter penalties.
What is a grand jury no-bill in an aggravated assault case?
In Texas, every felony case must be presented to a grand jury before formal charges can proceed. The Travis County District Attorney’s office decides which cases to present. If the grand jury determines there isn’t enough evidence to support an indictment, it issues what’s called a no-bill, ending the case without it ever reaching a courtroom. A defense attorney can influence that decision by preparing a Grand Jury Packet containing evidence, witness statements, and legal arguments that challenge the charge. The earlier you retain an attorney, the more time there is to build that packet before the case is presented. Jorge spent years presenting cases to grand juries as a prosecutor, and that experience informs how we prepare these packets on the defense side.
What to Expect After Being Charged with Aggravated Assault in Austin
Not knowing what comes next after an aggravated assault arrest in Travis County makes a difficult situation worse. Here’s how the process works in Travis County.
After an arrest for aggravated assault in Austin, you’ll be booked at the Travis County Jail, where an initial bond is set. Bonds for aggravated assault frequently exceed $50,000, and the court often attaches conditions like GPS monitoring, curfew, firearm surrender, and no-contact orders. An attorney can file a motion to reduce bond and modify those conditions.
Your case will then be presented to a Travis County grand jury for a decision on indictment. If the grand jury returns an indictment, the case moves into the pre-trial phase. Your attorney then reviews the State’s evidence, including police reports, body-cam footage, medical records, and witness statements.
You and your attorney will then evaluate whether to negotiate a plea or take the case to trial. For some charges, deferred adjudication may be available, a form of probation that avoids a final conviction if you complete the terms successfully. However, Texas Code of Criminal Procedure Article 42A.054 restricts deferred adjudication when a deadly weapon was used and serious bodily injury was inflicted on a family member. Jorge is a trial attorney prepared for either path, and he will advise you on which route gives your case the strongest outcome.
Call the Law Office of Jorge Vela for Aggravated Assault Defense in Austin
Every day counts when you’re facing aggravated assault charges in Austin. Evidence that supports your defense can be preserved, witnesses can be interviewed, and a Grand Jury Packet can be prepared before indictment, but only if your attorney is involved early. Every week you wait narrows the options available to you.
When you hire the Law Office of Jorge Vela, you get a defense attorney who spent years prosecuting these same charges. That experience means knowing where the State’s aggravated assault case is most likely to fall apart. We handle every stage of your aggravated assault case from investigation through trial, with no handoffs to junior staff and no gaps in representation. Your case gets the time and attention it deserves.
Call (512) 537-1237 day or night, or schedule a consultation online. Visit our office at 818A W 10th St, Austin, TX 78701. Se habla español.