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Aggravated Assault

Assault is considered a serious injury in the state of Texas. The charge for aggravated assault has several factors that enhance the crime and its penalties. A person will be charged with aggravated assault if he or she causes serious bodily injury or exhibits a firearm.

The penalties for aggravated assault charges are much more severe penalties than standard assault. A person who has been convicted for the crime may face enormous fines, or even incarceration. It is important you seek legal representation if you are charged with aggravated assault.

Usually, in an assault case, the verdict is reliant on testimony. If you have a skilled attorney, he or she can cross-examine witnesses and collect evidence for you. Any person, who has been arrested for aggravated assault, should contact an experienced criminal defense attorney.

Defense Attorneys for Aggravated Assault in McKinney, TX

The charge of aggravated assault comes with harsh penalties and a negative stigma. It is crucial that you have trusted legal counsel during this time. Having an attorney can give you a higher chance of having your charges reduced or dismissed. If you or someone you know has been charged with aggravated assault, it is in your best interest to contact an attorney at Law Offices of Richard C. McConathy.

Law Offices of Richard C. McConathy is a group of distinguished attorneys who focus on criminal defense. We have years of experience in Texas criminal courts. Our attorneys understand the severe penalties that you are facing. We want to do all that is possible to obtain favorable results for you. Do not wait another moment. Stay prepared and gain legal representation today with Law Offices of Richard C. McConathy.

Law Offices of Richard C. McConathy has been recognized for legal excellence in the past.  Attorney Richard McConathy was awarded the Texas Monthly Rising Star in 2011 and the Super Lawyers Rising Star in the years 2012 and 2013. In addition, attorney Brian Bolton was awarded the Super Lawyers Rising Star in the year of 2011.

Find an attorney who puts you first. We accept clients charged with aggravated assault at the Collin County Courthouse and nearby areas including Frisco, Murphy, Allen, McKinney, and Plano.

Schedule a free consultation online today. Call us at [phone] for legal representation with a seasoned criminal defense attorney.

Overview of Aggravated Assault in TX


Definitions for Aggravated Assault in Texas

Aggravated assault is similar to an assault charge with aggravating factors. Texas Penal Code § 22.02 states a person commits the offense of aggravated assault if he or she does the following:

  • Causes serious bodily injury to another, including the person's spouse; or
  • Uses or exhibits a deadly weapon during the commission of the assault.

Texas Penal Code § 1.07(8) defines "bodily injury" as any physical pain, illness, or any impairment of the physical condition. Furthermore, Texas law defines "serious bodily injury" as bodily injury that creates a substantial risk of death, permanent disfigurement, or protracted loss or impairment of any bodily member or organ.


Texas Penalties for Aggravated Assault in McKinney

Penalties for aggravated assault are severe and depend on the circumstances of the offense. Texas Penal Code § 22.02 states a person who commits aggravated assault will be charged with a second degree felony. Penalties for a second-degree felony include:

  • A possible fine of up to $10,000; and
  • Maximum prison sentence of up to 20 years.

Certain factors can enhance the penalties for an aggravated assault charge. The penalties may be enhanced based on who the aggravated assault was directed to. If the offense includes any of the following, the legal consequences will be enhanced to a first degree felony.

  • Against a person the alleged offender knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
  • In retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;
  • Against a person the actor knows is a security officer while the officer is performing a duty as a security officer;
  • By a public servant acting under color of the servant's office or employment.
  • The alleged offender used a deadly weapon during the commission of the assault and caused serious bodily injury;
  • If the alleged offender is in a motor vehicle and knowingly discharges a firearm at or in the direction of a habitation, building or vehicle; or
  • If the alleged offender is in a motor vehicle with a deadly weapon and is reckless as to whether the habitation, building or vehicle is occupied.

A first degree felony has harsher consequences. The penalty for a first degree felony includes:

  • A possible fine of up to $10,000; and
  • Maximum prison sentence of up to 99 years.

Additional Resources 

Texas Penal Code § 22.02 – Visit the official website for Texas laws and regulations. Find more information regarding assaultive offenses, penalties, and specifics. Read about admissible defenses, aggravated assault, aggravated sexual assault, and injury to an elderly person or disabled person.

Aggravated Assault – Visit the official website for the Uniform Crime Reporting Program (UCR) by the Federal Bureau of Investigations (FBI). The program was created for those related to law enforcement and criminal justice to seek information regarding crime in the United States. Find more information surrounding aggravated assault such as the federal definition of the offense, statistics and data regarding assault offenses.


Lawyers for Aggravated Assault in Collin County, TX

Have you been accused of aggravated assault in the Collin County area? Your first step should be to seek legal representation. A skilled attorney can advocate for your side and inform you of your legal options. If you or someone you know has been charged with aggravated assault, it is vital that you contact an experienced criminal defense attorney at Law Offices of Richard C. McConathy.

Law Offices of Richard C. McConathy is dedicated to defending those accused of crimes in the greater McKinney area. We understand the courts can be overwhelming. Our attorneys are knowledgeable about all assault offenses in Texas courts. It is time that you start protecting yourself and your rights. Let us be a part of your defense. Get in contact with an attorney at Law Offices of Richard C. McConathy today.

The attorneys at Law Offices of Richard C. McConathy defend those accused of aggravated assault throughout the Collin County area and nearby cities including Murphy, McKinney, Plano, and Frisco.

Call us today at (972) 805-8855, or simply submit an online contact form.  


This article was last updated on December 14, 2018.

 

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