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What is the Law on Aggravated Assault in Texas?

Texas Penal Code – Sec. 22.02.  AGGRAVATED ASSAULT.  

(a)  A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:

(1)  causes serious bodily injury to another, including the person’s spouse;  or

(2)  uses or exhibits a deadly weapon during the commission of the assault.

(b)  An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1)  the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71,0021(b), 71,003, or 71.006, Family Code;

(2)  regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

(A)  by a public servant acting under color of the servant’s office or employment;

(B)  against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(C)  in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

(D)  against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or

(3)  the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:

(A)  knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;

(B)  is reckless as to whether the habitation, building, or vehicle is occupied; and

(C)  in discharging the firearm, causes serious bodily injury to any person.

(c)  The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person’s employment as a public servant or status as a security officer.

(d)  In this section, “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under  Section 1702.002, Occupations Code.

If you have been arrested for an assault offense in Galveston County, Texas, it is crucial that you contact an experienced Galveston, Texas assault defense lawyer. Depending on the type of assault and the person you are alleged to have assaulted, the penalties of a conviction for assault can be extremely severe. As covered in other blog posts on this site, assaults can range from misdemeanors to felonies. It is crucial that you hire an experienced Galveston criminal defense lawyer to represent you on your case.

The lawyers at Zendeh Del & Associates, PLLC are experienced assault lawyers who have handled hundreds of cases like this. Call the criminal defense lawyers at Zendeh Del & Associates, PLLC today.

Calls are answered 24/7: (409) 204-5566