If you, or someone you love is currently facing “aggravated assault” charges in Plano or Dallas, Texas, it’s critical that you find out what types of sentencing and penalties you are up against.
Aggravated assault charges are serious, and depending on the facts of the case, this offense is charged as a first or a second degree felony under Section 22.02 of the Texas Penal Code.
Under Sec. 22.02, you commit the offense of aggravated assault if you commit an assault and you do any of the following:
- You cause serious bodily injury to another person, including your spouse, your child, or another family or household member (family violence), or
- During the assault, you use or show a deadly weapon, such as a knife or a firearm etc.
Usually, aggravated assault is prosecuted as a second degree felony, however, aggravated assault is a felony of the first degree if:
- You used a deadly weapon while committing the assault, and you caused serious bodily injury to a victim who is a member of your family or household, or
- You committed an assault against a public servant while on-duty, such as a police officer, or
- You assaulted a security officer while he or she was on duty, or
- You assaulted an eye-witness or an informant who reported a crime, or
- You intentionally discharged a firearm towards a vehicle, habitation, or building and caused serious bodily injury to another person.
Felony Punishment Under the Texas Penal Code
Under Sec. 12.33 of the Texas Penal Code, a second degree felony is punishable by 2 to 20 years in prison, and by a fine not to exceed $10,000.
Under Sec. 12.32 of the Texas Penal Code, a first degree felony is punishably by 5 to 99 years in prison and by a fine not to exceed $10,000.
As you can see, aggravated assault charges are very serious, especially if you have any previous convictions on your record. At The Zendeh Del Law Firm, PLLC, we understand that aggravated assault cases are often much deeper than what is on the surface.
Perhaps you were acting out of self-defense, or perhaps you have been a long-time victim of abuse. Or, perhaps you had to step in to protect someone else from violence. Regardless of what the state is saying, we’ll make sure your side of the story is heard loud and clear, and we’ll fight for your rights.
Contact our law firm to meet with a Plano criminal defense attorney.