aggravated assault

When Does Assault Rise to the Level of Aggravated Assault?

By Peek & Toland on November 15, 2019

Tex. Pen. Code § 22.02 establishes the crime of aggravated assault, which is an enhanced version of assault that carries the potential for more significant penalties than for a simple assault conviction. Assault occurs under § 22.01 when individuals:

  • Intentionally, knowingly, or recklessly causes bodily injury to others
  • Intentionally or knowingly threatens others with bodily injury, or
  • Intentionally or knowingly causes physical contact with others when the person knows or reasonably should believe that others will consider the contact to be offensive or provocative

When individuals commit assault, and other aggravating factors are present, they may face aggravated assault charges. Individuals who cause serious bodily injury to others during an assault commit aggravated assault. The other situation that constitutes aggravated assault occurs when individuals use or exhibit a deadly weapon in the commission of the assault.

When Does Assault Rise to the Level of Aggravated Assault?

Aggravated assault generally is a second-degree felony offense, except that it becomes a first-degree felony offense in the following situations:

  • The accused persons use a deadly weapon during the assault and cause serious bodily injury to a specific family or household members
  • Public servants commit the offense within the scope of their employment or duties
  • Individuals commit the crime against others whom they know are public servants or security officers in the discharge of their official duties, or in retaliation for performing their official duties
  • Individuals commit the offense in retaliation against or on account of the service as a witness, informant, or a reporter of a crime

Furthermore, aggravated assault may be a first-degree felony if:

  • The accused persons are in a motor vehicle
  • They knowingly fire a gun in the direction of a home, building, or vehicle, with recklessness as to whether it is occupied, and
  • Someone suffers serious bodily injury as a result

Peek & Toland dedicates a large part of its practice to assisting individuals in resolving their criminal charges. We know that criminal proceedings can be intimidating and overwhelming for those who are facing potential penalties for criminal charges. We will work with you to achieve the most favorable outcome possible in your situation. Call our office today and set up a consultation with our skilled criminal defense attorneys today.

Posted in Criminal Defense

Tagged with: ,

What is Aggravated Assault?

By Peek & Toland on March 29, 2019

Assault under Tex. Pen. Code § 22.01 occurs when individuals intentionally, knowingly, or recklessly causes bodily injury to others, purposely threatens them with imminent bodily injury, or intentionally causes physical contact with others that reasonably will be seen by them as offensive or provocative.

In certain circumstances, assault rises to the level of aggravated assault. Tex. Pen. Code § 22.02 defines aggravated assault as committing an assault and

·         Causing serious bodily injury to another, or

·         Using or exhibiting a deadly weapon in the commission of the assault

Serious bodily injury is any physical injury that causes death or a substantial risk of death or causes serious permanent disfigurement or protracted loss or impairment of any bodily member or organ.


What is Aggravated Assault?

Aggravated assault is a second-degree felony under Texas law. Conviction on a second-degree felony can result in a prison sentence ranging from two to 20 years, as well as a maximum fine of $10,000. However, aggravated assault becomes a first-degree felony if:

·         The individual uses a deadly weapon and causes serious bodily injury to a family or household member

·         Committed by a public servant in the course of his or her employment or official duties

·         Committed against a public servant whom the individual knows is a public servant acting in his or her official capacity

·         Committed against a security officer acting in the course of his or her official duties

·         Committed as retaliation for another acting as a witness, informant, or reporter of a crime

·         The assault is committed while in a motor vehicle and knowingly discharges a firearm at a home, building, or vehicle with reckless disregard as to whether it is inhabited and causes serious bodily injury to another person

A first-degree felony conviction can result in a life sentence, a prison sentence ranging from five to 99 year, and a fine of up to $10,000.

The Peek & Toland criminal defense lawyers are here to represent your interests and advise you of the best course of action in your situation. Set up an appointment to talk to us today and discover how we can assist you with your criminal matter.

Posted in Criminal Defense

Tagged with:

Cowboys’ Damien Wilson is Charged with Aggravated Assault

By Peek & Toland on December 13, 2017

Football players frequently get into trouble with the law. Earlier this year, Dallas Cowboys’ linebacker Damien Wilson was charged with aggravated assault.

Wilson was arrested and charged with two counts of felony aggravated assault with a deadly weapon, according to the Frisco Police Department.

Police said an incident occurred in the Toyota Stadium parking lot during a Freedom Fest event in Frisco in early July. Police said in a report the player backed his truck into a woman while he was parking at the stadium before showing a rifle to a man, “causing him to be in fear.”

A report on NBC Sport derived from the affidavit stated a man flagged down police officers to tell them a man hit his sister-in-law with a car. He said she was trying to hold a parking spot for relatives. He said the man took out an AR-15 that was eventually returned to his vehicle.

Cowboys Damien Wilson is charged with aggravated assault

Dallas Cowboy is charged with aggravated assault

He identified Wilson, who initially denied the claim before admitting “road rage” caused him to take out his gun, the affidavit stated.

Wilson was later released from Frisco Detention Center after posting $20,000 bond. The case remains under investigation, according to police.

The incident left Wilson open to discipline by the NFL under the league’s personal conduct policy.

The Star-Telegram reported the club was taking a ‘wait and see’ approach over possible disciplinary action.

Executive vice president Stephen Jones said:

“I just think in any situation this day and time, you have to gather all the facts before you do anything. I’m sure most people walking benefited from getting the benefit of the doubt and a second chance.”

NFL players often end up with criminal records. A recent report in the New York Times stressed one NFL player in 40 is arrested in any given year.

Drunk driving following by domestic violence is the most common offense among NFL players, according to the report.

From 2000 to 2014, 202 players were charged with DWI or DUI, according to the report. It found 88 players were convicted of assault and battery and 85 of domestic violence over the 14-year period of the study.

Many Dallas Cowboys and former players had run-ins with the law.

Larry Bethea, who played as a defensive linesman for the Dallas Cowboys in the 1980s was convicted of stealing from his mother. In 1987 he was found dead with a self-inflicted gunshot wound hours after being identified as a robbery suspect in Newport News, Virginia, reported the New York Times.

Aggravated assault is a serious crime in Texas. If you have been charged with an assault crime, please contact our experienced Austin criminal defense lawyers.

Posted in Criminal Defense

Tagged with:

What Are the Penalties for a Texas Assault Conviction?

By Peek & Toland on November 17, 2016

The penalties for a Texas assault depend on the seriousness of the alleged attack. The first key distinction to make is whether it’s a simple assault or an aggravated assault.

Assault can be a misdemeanor or a felony. The range of penalties can go from a fine or community service to as long as 10 years in jail.

What is a Simple Texas Assault?

In Texas, you can commit a simple assault if you:

  • intentionally, knowingly, or recklessly caused bodily injury to the victim;
  • Knowingly or intentionally threatened another individual with imminent bodily injury, or
  • intentionally or knowingly caused physical contact to somebody else when the offender knows or reasonably should know the victim would find it provocative or offensive.

Some people protest that they didn’t touch the “victim” after an assault charge. Even if there was no physical contact, you can be charged with assault. In the context of assault by threat, the term “bodily injury” means anything that causes pain, even if no mark is left.

There are a wide variety of punishments for a Texas assault

Simple assault is normally a Class C misdemeanor. However, the offense is elevated to a Class A misdemeanor if the victim is disabled or elderly.

If the offender knows the victim is an athlete or a sports official who is assaulted at a sporting event, it’s a Class B misdemeanor.

A domestic assault can be a third-degree felony, depending on the circumstances.

If you are convicted of a misdemeanor Texas assault, the likely sentence depends on the class of assault. Here are the possible sentences

  • Class A misdemeanor – The offender faces up to one year in jail or a fine up to $4000, or both
  • A Class B misdemeanor – up to 180 days in jail or a fine of $2000 or less, or both, and
  • Class C misdemeanor – a fine up to $500.

If you are convicted of a third-degree felony you can be sentenced to two to ten years in prison and fined up to $10,000.

What is An Aggravated Texas Assault?

We talk about aggravated assault in Texas on our website. Under Section 22.02 of the Texas penal code, you can commit and aggravated assault if:

  • You intentionally, knowingly or recklessly caused serious bodily injury to another person, or
  • You used or exhibited a deadly weapon during the assault, including threatening another person with bodily injury or taking part in conduct that the victim likely will find offensive.

Felony aggravated assault or carrying out an assault with a weapon is a second-degree felony punishable. It can lead to by 2 to 20 years’ incarceration.

A first-degree felony aggravated assault charge can be brought if the offender uses a deadly weapon and causes a serious bodily injury to the victim.

There is a list of classifications under the Texas Penal Code. Committing serious bodily injury to a family member constitutes a first-degree felony. This also applies to someone the offender has had a relationship with. The Texas assault falls into this category if it’s committed against a public servant such as a police officer, a security guard or a witness to a crime.

You can expect to spend five to 99 years in jail if convicted of a first-degree assault felony. You can be fined up to $10,000.

Any assault can be serious for your future life and liberty. These offenses can land you in jail for a long time. You should contact an experienced Texas criminal defense attorney after an assault charge. Contact Peek & Toland here.

Posted in Criminal Defense

Tagged with: ,

How Can We Help You?

Our team is standing by to help. Call us at (512) 474-4445 or complete this form to send a message about your legal situation.