What Makes An Assault Charge Aggravated In Texas Criminal Law?

Assault charges in Texas can carry serious consequences, especially when the offense is elevated to aggravated assault. Understanding what triggers this enhancement and how it affects your legal options is critical if you or someone you know is facing such a charge. In this article, we’ll break down…

• How Texas defines aggravated assault.
• What circumstances can enhance an aggravated assault charge.
• What legal options may be available if you’ve been charged with aggravated assault.

What Is The Legal Definition Of Aggravated Assault In Texas?

Under Texas Penal Code Section 22.02, an assault becomes aggravated when it involves either:

• The use or exhibition of a deadly weapon, or
• Serious bodily injury to another person

These terms carry legal weight. For example, using a weapon includes firing a gun or stabbing with a knife. Exhibiting a weapon could be as simple as showing someone a gun in your waistband and making a threatening remark. You don’t have to physically brandish or use it for the charge to apply.

More than this, a deadly weapon can be almost anything capable of causing serious harm, be it firearms, knives, screwdrivers, or even a heavy object like a candle stick if used to strike someone, especially in vulnerable areas like the face or eyes.

What Aggravating Factors Can Turn A Simple Assault Into Aggravated Assault In Texas?

In Texas, several factors can elevate a misdemeanor assault to a felony aggravated assault, including:

• Use or exhibition of a deadly weapon
• Victim’s status – if the victim is:
  • Elderly
  • Disabled
  • A child
• Assaulting a pregnant person

These elements raise the level of the charge, sometimes from a Class A misdemeanor to a felony, even if no serious injury occurred.

What Are The Penalties For Aggravated Assault In Texas If I’m Convicted?

Aggravated assault with a deadly weapon is typically charged as a second-degree felony, with penalties including 2 to 20 years in prison and up to a $10,000 fine, or up to 10 years of probation, depending on the circumstances and any prior criminal history you may have.

Jonathan Lowe, lead attorney at The Lowe Law Office, PLLC, has dedicated his Texas-based criminal defense practice to helping people navigate the life-altering consequences of serious charges like aggravated assault. With years of experience handling felony assault cases involving complex personal relationships, alleged deadly weapons, and emotionally charged accusations, Jonathan Lowe knows how to challenge the evidence and protect his clients' rights.

He and his team have successfully defended others in similar situations and they’re ready to help you, too. Contact Jonathan Lowe today to start building your defense.

How Does Committing An Assault Near A School Or Protected Location Increase Penalties In Texas?

Texas law includes enhanced penalties for drug offenses committed near schools or playgrounds, known as drug-free zones, but there isn’t a specific statutory enhancement for assault offenses committed in those areas. However, that doesn’t mean the location won’t affect the outcome of your case.

Prosecutors often treat assaults that occur near schools, parks, or other places where children are present more seriously, viewing them as more dangerous or socially unacceptable. Judges and juries are also likely to consider the setting as an aggravating factor during sentencing.

So, while the formal punishment range may stay the same, committing an assault in or near a protected location can absolutely influence how harshly you’re charged, prosecuted, and ultimately sentenced.

How Does The Alleged Victim’s Relationship To The Accused Influence An Aggravated Assault Charge?

The relationship between the accused and the alleged victim plays a critical role in how both prosecutors and juries perceive an aggravated assault case. When the alleged victim is a stranger, these cases often carry a heavier emotional weight. Jurors tend to view assaults on strangers as particularly threatening. Why? Because they imagine the same thing could easily happen to them or someone they love. Understandably so, that element of unpredictability and random violence makes it harder to argue for leniency.

When the alleged victim is a spouse, partner, or family member, however, the situation becomes more complex. Domestic cases often involve deeply personal dynamics, including things like grudges, disputes over money or custody, or even manipulative tactics tied to divorce proceedings. In these situations, credibility becomes central. A spouse might have a motive to exaggerate or fabricate allegations to gain leverage in a family law case. And yet, even if there’s a motive to lie, proving that to a jury is no simple task.

Cases involving coworkers or acquaintances also fall into a gray area. There might be unresolved workplace tension or past conflicts that color each person’s story. The question always comes back to: Why would this person lie? Or, alternatively, Why should we believe them?

In many assault cases, especially when there’s no video evidence or neutral eyewitnesses, the prosecution hinges entirely on whose story is more believable. That’s why your attorney must thoroughly explore the nature of your relationship with the alleged victim and uncover any history, motives, or inconsistencies that could shift how the case is viewed.

Still Have Questions? Ready To Get Started?

For more information on aggravated assault in Texas, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 678-5080 today.