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Texas: Deadly Weapon Attack Charges And Defense

When you’re accused of aggravated assault with a deadly weapon in Texas, you need the assistance of a skilled criminal defense lawyer. You may be confident that your rights will be upheld throughout the entire legal procedure with their skilled legal representation. A charge of assault with a deadly weapon may be brought against someone who uses or displays a dangerous weapon during an assault.

If this crime involves the use of a weapon and results in significant physical harm to another person, it is a first-degree felony. Machine guns, zip guns, and other objects are examples of what the Texas Penal Code defines as weapons.

If this crime involves the use of a weapon and results in significant physical harm to another person, it is a first-degree felony. 

What Are The Consequences Of An Attack With A Deadly Weapon?

A jail term of a minimum of two years and a maximum of twenty years could be awarded a fine which could extend up to $ 10,000.

These situations include assaulting a security guard, a family member or partner, a governmental official, or a witness in a criminal case for revenge. If this is classified as a first-degree felony, the sentence is from five to 99 years in prison or life, with fines of up to $10,000.

Additionally, a first-degree felony charge for assault with a dangerous weapon (aggravated assault) may be brought under Section 22.02 of the Texas Penal Code if:

the person is a public servant acting “under the color of the servant’s office or employment;” the person causes serious bodily harm to a spouse, ex-spouse, domestic partner, co-parent, family member, or someone they are dating as defined by Sections 71.0021, 71.003, and 71.004 of the Family Code; or

When in a moving vehicle, a person intentionally and carelessly discharges a firearm into a home, building, or occupied vehicle, seriously harming another person.

According to Section 1.07(a)(46) of the Texas Penal Code, a significant bodily injury is one “that produces a substantial risk of mortality or that causes death, major permanent disfigurement, or extended loss or impairment of any bodily member or organ.”

Possible Deadly Weapon Assault Charges Defenses

Our responsibility as your criminal defense attorney in Texas is to determine the best defense for the situation. We can evaluate which tactic will serve you the best because we have the necessary experience. We might be able to use one of the following defenses to allegations of assault with a dangerous weapon in your case if it involves such a charge.

  • Self-defense: In Texas, using force to defend oneself is legal.
  • Absence of a Deadly Weapon: The charges against you may be lessened or dropped if it can be demonstrated that no deadly weapon was used in the assault.
  • Lack of Intent: If it can be demonstrated that there was no intent beyond your specific behavior, the charges against you may be lessened or dropped.
  • Mistaken identity: In some circumstances, a witness can mistake you for someone else or be unable to make a reliable identification.
  • Insufficient proof: To establish guilt beyond a reasonable doubt in any criminal case, the prosecution must show that all necessary ingredients were present. A prosecutor could be unable to fulfill this obligation in the absence of the required proof, including eyewitness testimony.
  • Consent: In accordance with Section 22.06, consent is a legal defense against abusive behavior. If the “conduct did not threaten or inflict significant bodily injury; or if the victim knew the conduct was a risk of His occupation; Recognized medical treatment or A Scientific Experiment Conducted by Recognized Methods,” then consent has been given.

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