How The ‘Deadly Weapon’ Label Enhances Assault Charges In Texas

In this article, you can discover…

• What qualifies as a “deadly weapon” under Texas laws.
• How a deadly weapon charge may impact the penalties you face.
• How an attorney can help protect your rights after a deadly weapon charge.

What Qualifies As A Deadly Weapon Under Texas Criminal Assault Laws?

In the Texas Penal Code, a deadly weapon is defined as a firearm, or anything manifestly designed, made or adapted for the purpose of inflicting death or serious bodily injury, or anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury.

Everybody understands what a “firearm” is; it’s basically a gun. But what about a BB gun? Could a BB gun cause serious bodily injury or death? Possibly, if it’s pointed at a person’s eyes.

I’ve also seen cases where a glass-jar enclosed Yankee candle was thrown at someone’s head, and a grand jury chose to indict that candle as a deadly weapon due to its weight and the presence of glass, which could have caused serious bodily injury.

Ultimately, it really depends on how the item was used. A pen, a glass bottle, and even your fist could be described as a deadly weapon if used or adapted to cause harm.

In one case I handled when I was a prosecutor, an MMA fighter held down his victim, who was disabled, straddled him, and punched him in the face. Was he capable of killing his victim with his fists, given their physical size difference, the victim’s disability, and his MMA training? Yes, the police charged him with aggravated assault with a deadly weapon as a result.

Legally, assault is a Class A misdemeanor if you cause the other person pain. But if a deadly weapon is involved, penalties just went from up to one year in jail to up to 20 years in prison, or even life in prison in certain circumstances. And in many cases, these elevated charges come down to how the police and a jury view the case and view the use of an object during the alleged crime.

Does A Deadly Weapon Allegation Impact Bond Or Bail Conditions In An Assault Case?

Yes! It’s up to the judge’s discretion as to what bond amount to set as far as the actual dollar amount and whether to grant bond conditions and, if so, what those will be.

For example, bond conditions may include no contact with an alleged victim, no drug use, or not leaving your county of residence without permission. If a deadly weapon charge is involved, bond is likely to be higher, and bond conditions may be stricter, such as a GPS monitor or no contact with your children.

If bond amounts or conditions are overly intrusive, your defense attorney can file a motion to reduce bond and modify bond conditions.

Attorney Jonathan Lowe is a caring, hard-working criminal defense lawyer serving Texas. Since 2014, he’s helped clients just like you develop a quality legal defense when they’re facing charges of assault with a deadly weapon.

Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.

How Does A Deadly Weapon Enhancement Increase Sentencing Exposure?

The use of a deadly weapon during an assault will enhance the charges you face. However, the issue is not merely the possession of a gun or a potentially lethal object, but your intention.

For example, did you have the item in your hand? Was it at your side or on the table next to you? Did you have it raised above your head as if you were going to throw it at someone? Essentially, if your intent was to make the other person believe that you were about to use the object as a deadly weapon, a reasonable person would also assume this, and you could be charged with a felony as a result.

Having said that, the mere presence of a weapon in the vicinity does not automatically enhance charges. If you have a gun in your home and are cleaning your gun at the table and later allegedly assault a family member, the mere presence of a weapon in the home doesn’t automatically lead to enhanced charges. There must be causation and a connection, as well as intent.

Why Is It Critical To Contact A Criminal Defense Lawyer Immediately Following A Deadly Weapon Allegation?

For one, the alleged use of a deadly weapon increases the charges you face to a felony. A felony charge will be public record, and you could lose your job, as well. If your employer considers you too great a risk to keep on following a felony charge, they may let you go, whether you’re found guilty or not.

If convicted, you’re looking at up to 10 years of probation, up to 20 years in prison, or up to life in prison, depending on the context of your case (i.e. if you have priors, if the alleged victim was a family member, etc.). Having an attorney up front will ensure that evidence in your defense and helpful witness statements are collected early on, before video footage is taped over or memories fade. Your lawyer will also work hard to see your charges reduced, if not dismissed.

It’s critical to get someone on your side who knows the law and can work to secure evidence in your defense as they negotiate for the best outcome possible.

What Do You Wish Juries Better Understood About “Deadly Weapon” Enhancements?

I wish juries understood that guns are not innately bad. Guns are used for home safety and self-defense, and can be used responsibly. Just because you own a gun doesn’t mean you’re dangerous. In many cases, the State may try to manipulate a jury’s feelings or assumptions by making them think that owning a gun makes you inherently dangerous or guilty. That’s not fair at all, but that’s the reality of it.

Many juries are scared of guns, and if you own a gun and an allegation of assault is made, this is something we’ll have to address and plan ahead for if you choose to go to trial.

Still Have Questions? Ready To Get Started?

For more information on assault with a deadly weapon charges in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 369-9666 today.