Strategic defense for individuals facing aggravated assault charges in Houston, including assault with a deadly weapon and assault causing serious bodily injury.
Aggravated assault is a felony charge under Texas Penal Code Section 22.02. At minimum it is a second-degree felony carrying 2 to 20 years in prison. Under certain circumstances it becomes a first-degree felony with a sentencing range of 5 to 99 years or life. A conviction also results in a permanent felony record, loss of firearm rights, and consequences that affect employment, housing, and professional licences for the rest of your life.
A charge is not a conviction. The state must prove each element of the offense beyond a reasonable doubt. David Smith is a Board Certified criminal defense attorney and former Brazoria County prosecutor who has worked both sides of these cases. He reviews every fact, every witness statement, and every piece of evidence from the outset to identify where the prosecution’s case can be challenged.
Under Texas Penal Code §22.01, a person commits assault when they:
Importantly, physical injury is not required. A threat alone or unwanted contact that causes no pain can be enough for a charge to be filed in Texas.
Texas prosecutors pursue assault charges aggressively even when the alleged victim does not want to press charges. Once a case is filed, the state controls the prosecution. Complainants have no legal power to drop charges on their own. Cases can and do proceed without the alleged victim’s cooperation, based solely on 911 calls, police reports, photographs, and witness accounts gathered at the scene.
This is why waiting to hire a lawyer is one of the costliest mistakes a defendant can make. The earlier an experienced assault attorney is involved, the more options are available.
A conviction even at the misdemeanor level creates a permanent criminal record visible on background checks run by employers, landlords, and licensing boards. At the felony level, consequences extend further:
Assault family violence charges arise when the alleged offense involves a spouse, romantic partner, household member, or family member. Texas courts treat these cases seriously; prosecutors often pursue charges even when the complaining witness later recants. Early legal intervention is critical to protecting your rights, your record, and your family.
→ Learn more about Assault Family Violence defense
Aggravated assault involves allegations of serious bodily injury or the use or exhibition of a deadly weapon. These are second-degree felony charges that carry 2 to 20 years in prison. Learn more about how we defend these charges.
Assault causing bodily injury is a Class A misdemeanor in most circumstances. When a family violence finding is attached, the long-term consequences escalate significantly. Learn more about how we defend these charges.
Aggravated assault charges may be classified as:
The penalty you face depends on the circumstances of the alleged offense, the identity of the alleged victim, and your prior criminal history. Aggravated assault involving a deadly weapon against a household member or a protected class of victim carries the most severe sentencing exposure under Texas law.
Penalty tiers:
Probation may be available for a second-degree felony aggravated assault with no prior criminal history, but is unlikely where a deadly weapon was involved or where the victim belongs to a protected class. Bond amounts for aggravated assault in Harris County typically range from $10,000 to $50,000 for second-degree charges and can exceed $100,000 for first-degree charges.
Building an effective defense against an aggravated assault charge requires examining every element the state must prove. As a former prosecutor, David Smith understands how the state approaches these cases and where that approach most often falls short. Defense preparation begins at the pre-file stage wherever possible.
Defense strategies may include:
