If you are facing criminal charges for aggravated assault with a deadly weapon, you will benefit from working with an experienced criminal defense attorney. The Dallas-Fort Worth criminal defense attorneys at Abel Law Firm have a proven track record of successfully defending defendants charged with aggravated assault with a deadly weapon. The penalties for this type of criminal charge are serious, and the sooner you discuss your case with an attorney, the better.
Aggravated Assault With a Deadly Weapons
The crime of assault with a deadly weapon occurs when a person uses or displays a deadly weapon during an assault. Prosecutors can bring a more serious charge of aggravated assault with a deadly weapon when the defendant’s assault causes a serious bodily injury to someone else through the use of a weapon. In Texas, a deadly weapon is defined as:
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Machine guns
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Zip guns
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Handguns
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Short-barrel firearm
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Firearm silencers
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Daggers
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Switchblade knives
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Bowie knives
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Daggers
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Swords
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Nightsticks
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Clubs
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Mace
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Brass knuckles
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Explosive weapons
When Can a Prosecutor Elevate Charges to Aggravated Assault?
The prosecution must prove that certain circumstances have occurred to elevate the charge to aggravated assault with a deadly weapon. These circumstances include causing serious bodily injury to a spouse, ex-spouse, domestic partner, co-parent, family member, or someone the defendant is dating.
Additionally, when the alleged victim is a public servant acting under his or her employment, such as a security officer, the defendant can face aggravated assault charges. Finally, when someone is in a motor vehicle and knowingly and recklessly discharges a firearm in the direction of a habitation, building, or occupied vehicle, causing serious bodily injury to another person.
The Penalties for Assault With a Deadly Weapon
Assault with a deadly weapon is typically a second-degree felony in Texas that carries a fine of up to $10,000 and a prison sentence between two and 20 years. Aggravated assault with a deadly weapon is a first-degree felony in Texas. The penalties for a first-degree felony, they face a prison sentence between five and 99 years in prison with fines of up to $10,000.
Defenses to Assault With a Deadly Weapon
Determining the best legal defense depends on the facts in your case. We will carefully consider your case at Abel Law Firm to determine the best legal strategy. In some cases, prosecutors do not have enough evidence to prove that the circumstances resulting in an aggravated assault charge occurred. Other defenses include self-defense, lack of a deadly weapon, mistaken identity, lack of intent, and an awareness that the victim was a public servant.
Discuss Your Case With an Assault With a Deadly Weapon Attorney
Whether you have been charged with assault with a deadly weapon or aggravated assault with a deadly weapon, you will benefit from working with a skilled attorney. The sooner you reach out to an attorney, the sooner your attorney can start protecting your rights and negotiating the best outcome possible for you. Contact the Dallas-Fort Worth criminal defense attorneys at Abel Law Firm today to schedule your free initial consultation.