Assault occurs under Texas law if an individual recklessly or intentionally causes bodily injury or physical harm to another person, an individual intentionally threatens physical harm to another person, or an individual has intentionally used provocative or offensive physical contact against another person.
Aggravated assault is a more serious type of assault charge in the state of Texas, in that it involves some type of aggravating circumstance as set forth under Texas law. More specifically, an assault becomes aggravated assault if it results in serious bodily injury to another person, or if the perpetrator of the assault uses or exhibits a deadly weapon during the assault.
Serious bodily injury is more than the physical pain or ailment, or threat of physical harm, that is necessary for an assault to occur. Rather, it is an actual physical injury that creates a substantial risk of death, causes death, causes serious, permanent disfigurement, causes protracted loss, or causes impairment of the function of a bodily part or function.
An aggravated assault is a second degree felony under Texas law, except that it is a first degree felony in the following circumstances:
· The perpetrator uses a deadly weapon during the assault and causes serious bodily injury to a person who has a certain relationship with him or her as defined by law.
· The offense is committed by a public servant acting within the scope of his or her employment, knowingly committed against a public servant while performing or in retaliation for performing an official duty, against a person in retaliation for service as a witness, informant, or reporter of a crime, or knowingly committed against a security officer.
· The perpetrator is in a motor vehicle and knowingly discharges a firearm in a reckless manner and causes serious bodily injury to another person.
When you are charged with any type of criminal offense in the state of Texas, you need an experienced criminal defense attorneyto represent your interests from the very beginning of your case. We are here to evaluate the facts surrounding your case, present your options, and provide you with the strongest defense possible. Contact Peek & Toland at (512) 474-4445 today and set up an appointment to speak with our legal team.