Aggravated Assault Lawyer In Orange, TX
Aggravated assault is an ordinary assault plus one more fact: a serious injury, or a deadly weapon. That one fact turns a misdemeanor into a felony with a range of up to twenty years, and this page covers the elements, the penalties, the defenses and the court process.
What Is Aggravated Assault In Texas?
Aggravated assault under Texas Penal Code § 22.02 is an assault that either causes serious bodily injury or involves the use or exhibition of a deadly weapon. It is a second degree felony, punishable by two to twenty years, and a first degree felony in specific situations such as an assault on a public servant on duty.
Understanding Texas Law
How Does Texas Law Define Aggravated Assault?
Texas Penal Code § 22.02 makes an assault aggravated in one of two ways. The state has to prove an assault under § 22.01 first, and then one of these:
- The assault caused serious bodily injury to another person
- The person used or exhibited a deadly weapon during the assault
Serious bodily injury is defined in Penal Code § 1.07. It means an injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ. A broken nose or a cut needing stitches does not meet that definition automatically. The medical records decide it.
A deadly weapon does not have to be a gun.
The deadly weapon version does not need any injury at all. Pointing a firearm while threatening someone is an assault by threat with an exhibited deadly weapon, and that is aggravated assault.
The definition is also broad. Anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury can be a deadly weapon. Vehicles, tools and bottles have all been found to qualify. The question is what the object could do the way it was used, not what it was made for.
Penalties And Consequences
What Are The Penalties For Aggravated Assault In Texas?
Aggravated assault is a second degree felony. Section 22.02(b) raises it to a first degree felony in a narrow set of circumstances, listed below. These are statutory limits, not predictions for any one case.
Fine of up to $10,000.
Fine of up to $10,000.
- Classification
- Second degree felony. Two to twenty years in prison and a fine of up to $10,000.
- First degree circumstances
- A deadly weapon causing serious bodily injury to a family member, household member or dating partner. An assault on a public servant lawfully discharging an official duty. Retaliation against a witness, informant or person who reported a crime. An assault on a security officer on duty. Shooting from a motor vehicle at a home, building or vehicle and causing serious bodily injury.
- First degree range
- Five to ninety-nine years or life, and a fine of up to $10,000.
- Deadly weapon finding
- When the judgment includes an affirmative deadly weapon finding, a judge cannot order regular community supervision and parole eligibility is delayed. See 3G offenses.
- Firearms and record
- A felony conviction is a permanent record and restricts firearm possession. A family relationship also brings the consequences described on the family violence page.
The charge on the arrest report is not always the charge that is indicted. A grand jury can indict on aggravated assault, on a lesser charge, or not at all.
Real Questions
What Do People Ask About Aggravated Assault In Texas?
Does exhibiting a weapon count if no one was hurt?
How does a bar fight turn into aggravated assault?
Can the charge be reduced to a misdemeanor?
What is a deadly weapon finding and why does it matter?
Can I claim self-defense if I used a weapon?
Possible Defenses
How Can Aggravated Assault Be Defended?
Because the felony rests on one added element, the evidence on that element gets the closest look. If the state cannot prove serious bodily injury or a deadly weapon beyond a reasonable doubt, what remains may be a misdemeanor assault.
An attorney reviews the injury records, the recovered objects, the statements and the video to see what the state can prove. No result can be promised.
Self-defense has a higher bar when deadly force is involved.
Penal Code § 9.32 allows deadly force when a person reasonably believes it is immediately necessary to protect against another's use or attempted use of unlawful deadly force, or to prevent certain violent crimes. The law presumes that belief was reasonable in defined situations, such as an unlawful and forcible entry into an occupied home or vehicle.
Where shots were fired toward a house or car without anyone being hit, the state may charge deadly conduct instead of, or alongside, aggravated assault.
Serious Bodily Injury
Do the medical records describe a protracted impairment, or an injury that was treated and healed?
The Weapon
Was the object seen, recovered and tested, or only described afterward?
Manner Of Use
Was the object used in a way capable of causing death or serious injury?
Self-Defense
Does Chapter 9 apply, including the rules for deadly force and the presumptions?
Identification
Is the person accused the person who acted, and is the identification reliable?
The Statements
Were statements given after proper warnings, and do they match the physical evidence?
Local Process
What Happens After An Aggravated Assault Arrest In Orange County?
Booking, grand jury and discovery follow Texas law. Where the case is heard and who prosecutes it are specific to Orange County.
Arrest And Bond
Booking, then a magistrate sets bond and conditions. In a family case an emergency protective order can issue.
Grand Jury
The case is presented for indictment. The grand jury can indict on aggravated assault, on a lesser charge, or not at all.
District Court
Arraignment, discovery and motions, then a plea, a dismissal or a trial. Discovery of the state's evidence is governed by article 39.14.
- Where it is heard
- One of the county's three district courts: 128th District Court, 163rd District Court, and 260th District Court. A grand jury has to return an indictment first.
- Who prosecutes
- The Orange County District and County Attorney's Office.
- Who makes the arrest
- Orange Police Department, Orange County Sheriff's Office, Texas DPS Highway Patrol, Vidor Police Department, Bridge City Police Department, Pinehurst Police Department, or West Orange Police Department.
- Where you are booked
- The Orange County Correctional Facility at 205 S Border Street, run by the Orange County Sheriff's Office.
- If the case is appealed
- The Ninth Court of Appeals in Beaumont.
Next Steps
What Should You Do After An Aggravated Assault Charge?
A felony charge calls for care from the first day. These steps are general information, not advice for any one person.
Do Not Discuss The Facts
Anything said to police, the other person or friends can become evidence.
Preserve Evidence
Keep photographs, messages and the names of witnesses, and do not delete anything.
Follow Bond Conditions
A violation can lead to a bond revocation and new charges.
Get Medical Records Of Your Own
If you were hurt too, treatment records can matter to a self-defense claim.
Track The Grand Jury Stage
An indictment, a lesser charge or no bill changes what the case looks like.
Avoid Social Media
Posts and photographs can be used by the state.
Talk to a lawyer before any statement or plea discussion. A felony judgment, and especially a deadly weapon finding, has long-term effects. Mitchell Law Firm offers a confidential conversation about an aggravated assault charge in Orange County.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 22: Assault and aggravated assault
- Texas Penal Code Chapter 1: Definitions of serious bodily injury and deadly weapon
- Texas Penal Code Chapter 9: Self-defense and deadly force
- Texas Penal Code Chapter 12: Felony punishment ranges
- Texas Code of Criminal Procedure Chapter 42A: Community supervision and deadly weapon findings
- Texas Code of Criminal Procedure Chapter 20: Grand jury
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Orange trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Assault Charges
Other Assault Charges Handled In Orange, TX
The line between aggravated assault and the charges next to it is often drawn by a single fact in the police report. See the full Assault Crimes defense overview for Orange.
Assault
Three different offenses share one statute, from a fine-only Class C to a felony when the facts or the person involved change.
Vehicular Assault
Not a Texas statute by that name. A crash that hurts someone is charged under one of four other laws, and which one decides the range.
Deadly Conduct
Reckless conduct that puts someone in danger is a Class A misdemeanor. Firing toward people, a home or a car is a third degree felony.
Family Violence
An assault charge with a family finding attached, which brings protective orders, a firearm ban and limits on sealing the record.
Injury To A Child Or Elderly Person
A felony at every level, graded by the injury and the mental state, and chargeable for a failure to act as well as for an act.
Kidnapping
Restraint, kidnapping and aggravated kidnapping are three steps on one ladder, and the step depends on intent and on what was done.
Terroristic Threats
A threat charge whose level depends on who was threatened and what the threat was meant to cause, from Class B to third degree felony.
Common Questions
Aggravated Assault Questions People In Orange Ask
What makes an assault aggravated in Orange, TX?
Under Texas Penal Code § 22.02, an assault becomes aggravated when it causes serious bodily injury, or when the person used or exhibited a deadly weapon during the assault. Either one is enough. No injury at all is required for the deadly weapon version, since exhibiting a weapon during an assault by threat meets the statute.
Can you get probation for aggravated assault in Orange County?
A jury can recommend community supervision for an eligible defendant, and a judge can grant deferred adjudication. When the court makes an affirmative deadly weapon finding, Chapter 42A of the Code of Criminal Procedure restricts judge-ordered community supervision and delays parole eligibility until half the sentence is served, without good conduct time, or 30 years, whichever is less, with a two year minimum.
What counts as a deadly weapon in an Orange, TX aggravated assault case?
Penal Code § 1.07 defines a deadly weapon as a firearm or anything made for inflicting serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Under that second part, a vehicle, a bat, a boot or a kitchen knife can qualify depending on how it was used.
What is the sentence for first degree aggravated assault in Orange County?
A first degree felony carries five to ninety-nine years or life in prison and a fine of up to $10,000. Section 22.02(b) makes aggravated assault first degree in specific situations, including an assault on a public servant on duty and a family violence assault in which a deadly weapon caused serious bodily injury.
What is the difference between aggravated assault and deadly conduct in Orange, TX?
Aggravated assault requires an assault, meaning an injury, a threat or an offensive contact, plus serious injury or a deadly weapon. Deadly conduct under § 22.05 covers reckless conduct that places someone in imminent danger of serious bodily injury, and discharging a firearm toward people, a home or a vehicle. The two statutes overlap and are sometimes charged in the alternative.
Does the state need a gun to prove aggravated assault in Orange, TX?
A gun is not required. The state must prove either serious bodily injury or the use or exhibition of a deadly weapon, and the weapon can be any object that, in the manner it was used, was capable of causing death or serious bodily injury. If the state falls short on that added fact, the case can drop to a misdemeanor assault.
Mitchell Law Firm, PLLC
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