Assault with a Deadly Weapon

Assault is a serious enough charge, but if a deadly weapon is involved the penalties for the crime skyrocket dramatically. The reason for this is the likelihood of the victim sustaining a serious bodily injury or even dying increases significantly if a deadly weapon is involved. A deadly weapon can easily ramp up what would have been a misdemeanor assault case into a felony-level offense. It’s important to note, that the penalty for a felony upon conviction can result in years in prison.

If you or someone you know has been charged with assault involving a deadly weapon, it’s important you act quickly and hire quality legal representation. The penalties for the crime are severe, so you will want to begin building your defense right away. The faster you secure skilled legal counsel, the sturdier your defense will be. Act now to protect your rights and future by getting on the phone with a reputable criminal defense attorney as soon as possible.

Houston Assault with a Deadly Weapon Attorney in Texas

The presence of a deadly weapon can quickly enhance a misdemeanor assault charge into a felony even if the victim didn’t sustain serious injury. For this reason, we urge you to gain experienced legal representation if you’ve been charged with assault involving a deadly weapon. For quality and experienced legal representation, get in contact with The Benken Law Firm.

Brian Benken at The Benken Law Firm has over 30 years of experience in Texas courtrooms. He’s defended people charged with all degrees of violent crimes from simple assault to homicide. His intricate knowledge of Texas law and unwavering dedication to his clients puts attorney Brian Benken ahead of the prosecution. Learn more about The Benken Law Firm by calling (713) 223 - 4051 and set up your first case review free of charge.

The Benken Law Firm accepts clients throughout Harris County and all communities in Houston including The Heights, Meyerland, Bellaire and Pasadena.

Overview of Assault with a Deadly Weapon in TX

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How Serious is Assault with a Deadly Weapon in Texas?

Assault is a commonly charged crime in the state of Texas and is often charged as a misdemeanor. However, when a deadly weapon is involved the punishment for assault is enhanced significantly. Under Texas Penal Code Section 22.02 a person is guilty of assault with a deadly weapon if they commit aggravated assault by using or exhibiting a deadly weapon during the commission of the crime.

You may be wondering; “what does Texas consider to be a deadly weapon?” The specific legal definition for a deadly weapon can be found under Texas Penal Code Section 1.07, which states a deadly weapon is either:

  • A firearm or any item that was made or adapted for the sole purpose of killing or causing serious bodily injury onto another; or
  • Any item whose intended use is to cause serious bodily injury or death

Listed below are some examples of what would be considered a deadly weapon in Texas.

  • Firearms;
  • Device that emits toxic chemicals;
  • Zip guns
  • Explosive devices;
  • Clubs;
  • Brass knuckles;
  • Tire deflation devices;
  • Armor-piercing ammunition; and
  • Knives

It’s important to note that Texas law states your penalties can be enhanced if you present or use a firearm during the commission of an assault. That means you can be charged with assault involving a deadly weapon if you simply present or point a firearm during the commission of the offense. Often the victim is completely unscathed, but the offender must still face enhanced charges for simply exhibiting their firearm.

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What is the Penalty for Assault with a Deadly Weapon in Texas?

Sentencing for assault with a deadly weapon heavily relies on who the victim was or what they were doing during the time of the offense. Without aggravating factors, assault with a deadly weapon is a second-degree felony, which is punishable by:

  • Up to 20 years in prison; and
  • A possible fine of up to $10,000.

If any of the following factors are proven true at trial, then the assault charge will be enhanced to a first-degree felony.

  • The offender caused serious bodily injury with a deadly weapon to a family member, household member, or significant other;
  • The offender committed aggravated assault on a public servant who is on or off duty;
  • The offender committed aggravated assault on a public servant as revenge for them performing an official duty;
  • The offender committed aggravated assault in retaliation against an informant, witness or other person who has reported a crime; or
  • The offender committed aggravated assault against a security officer

Assault involving a deadly weapon can also be enhanced to a first-degree felony if the prosecution proves the following at trial.

  • The offender shot a firearm in or at or in the direction of a motor vehicle, building or habitation of sorts;
  • When the offender shot at the building, motor vehicle or habitation they did so carelessly; and
  • As a result of the firearm discharging another person was injured

The maximum punishment for a first-degree felony includes up to 99 years in prison as well as a fine of up to $10,000.

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Additional Resources

Texas Assault Laws – Visit the official website for the Texas Penal Code, to read up on their collection of Texas laws. Access the statutes to find more information about assault, assault with a deadly weapon, sexual assault and aggravated assault. Find more information about the elements of the crime, penalties and possible defenses.

Aggravated Assault Statistics – Visit the official website for the Uniform Crime Reporting Program (UCR) managed by the Federal Bureau of Investigations (FBI) to see the crime trends in Texas regarding assault over the years. Access the website to learn more about aggravated assault, aggravated assault data, and how it’s increased/decreased over the years.

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Assault with a Deadly Weapon Houston Lawyer in Texas

If you or someone you know has been charged with aggravated assault involving a deadly weapon, it’s important you secure legal representation. Assault defense lawyer Brain Benken at The Benken Law Firm has decades of trial practice, resources and skills he can utilize for your defense. Don’t wait when it comes to your rights and future. Get in contact with The Benken Law Firm today for skillful and quality legal representation.

Set up a case review with defense attorney Brian Benken free by calling (713) 223 - 4051. At the consultation Brian Benken will review the facts of your case and disclose to you all your legal options. The Benken Law Firm accepts clients throughout all parts of Harris County, Houston and regions throughout the state of Texas.

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(713) 223 - 4051
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