Agg Assault Family Member - In Texas, depending on the specific conduct you are accused of, you could be charged with assault, aggravated assault, or deadly conduct for fighting with someone.
In this post, we'll break down the three types of assault charges and their associated penalties so you can fight your charge armed with the knowledge you need.
Agg Assault Family Member
Also known as simple assault, this is when someone intentionally, knowingly or recklessly threatens or causes bodily harm to another person.
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The bodily injury may or may not require medical treatment. Examples include bruises, cuts, or scrapes that usually heal on their own.
Simple assault is usually a Class A misdemeanor punishable by up to a year in jail and a fine of up to $4,000.
However, simple assault can be elevated to a third-degree felony if it is committed against persons of protected classes, such as certain family members or employees. The cost can also be increased if strangulation or strangulation is involved. A conviction carries a sentence of up to 10 years in prison and a fine of up to $10,000.
"using or displaying a deadly weapon while committing any crime of assault, including threatening another person with bodily injury or engaging in conduct likely to be offensive to the victim."
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If the defendant uses a deadly weapon during an assault, the charge of aggravated assault automatically applies. Lethal weapons include knives and guns, along with anything else used to cause serious bodily injury.
Aggravated assault is usually charged as a second degree felony. A conviction carries a sentence of two to 20 years in prison and a fine of up to $10,000.
In some cases of aggravated assault against protected classes, the charge may be elevated to the first felony level. A conviction carries a sentence of five to 99 years in prison and a fine of up to $10,000.

This charge may apply if the defendant's reckless conduct with a firearm creates an imminent risk of serious bodily injury to another person. The victim does not have to suffer physical harm for this charge to apply - all that is required is proof of reckless conduct.
Aggravated Assault Texas
The charge also applies to knowingly discharging a firearm at a vehicle, building or house with reckless disregard for the occupation of those places. This charge may also apply to certain types of highway.
Penalties for deadly conduct are a Class A misdemeanor with no discharge, but can be increased to a third-degree felony if the firearm was discharged.
As you can imagine, the crime you are charged with can greatly affect the defense strategy your attorney decides to use. In some cases, your best course of action may be to argue for deferred sentencing, rehabilitation and community supervision rather than prison. The first step is to understand the true cost and determine if your actions match it.
After receiving his Juris Doctor from the University of Houston Law Center, Jeff Hampton began practicing criminal law in Texas in 2005. Before becoming a defense attorney, he worked as a prosecutor for the Tarrant County District Attorney's Office - knowledge he uses to to anticipate and doubt the arguments that will be used against his clients. Throughout his career, he has helped many Texans protect their rights and obtain the best possible outcome in their criminal cases. His ability has earned him recognition from National Trial Lawyers (Top 100 Trial Lawyers) and Avvo (Top Lawyer in Criminal Defense, Top Lawyer in DUI & DWI, 10/10 Superb Rating), and is considered a key advisor. Assault is a crime that comes in many forms. The most serious types of assault are generally referred to as aggravated assault, even though some local statutes do not define it in those terms. Clearly, aggravated assault is an assault that causes serious physical harm to another person.
Assault On A Family Member In Texas
Aggravated assault is one that carries a more serious category of charge and subjects the offender to more severe penalties. Assault crimes are aggravated (or worsened/aggravated) by a wide range of circumstances surrounding the crime, such as the severity of the violence, or even the mental state of the perpetrator.
Factors that justify the charge of aggravated assault can vary from state to state, as some require permanent injury or a substantial risk of death. Often, aggravated assaults qualify as felonies, while simple assaults can be misdemeanors. Many states also have multiple levels of criminal charges for aggravated assault.
The use of a deadly weapon in an assault can increase the charge from simple assault to aggravated assault. This increase usually applies regardless of whether the use of the weapon injured anyone. While simple assault does not require evidence of physical injury, a "harmless" assault with a deadly weapon is punished more severely because it tends to put the victim in great fear for their safety. If an assault with a deadly weapon results in serious injury or risk of death, the charges and penalties may be doubled.

Weapons classified as deadly or inherently dangerous weapons include items designed to harm or cause death, such as guns, swords, or brass knuckles. For other items, their classification as deadly weapons depends on how they are used in the attack. For example, an ax is not considered a deadly weapon, but a tool for cutting wood. If thrown at a victim, however, it could be considered a lethal weapon. Similarly, when a car intentionally drives into a victim, it suddenly becomes a deadly weapon in the eyes of the law.
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Some attacks are made worse or better by specific characteristics of the victim, such as their relationship to the perpetrator. For example, many states punish assaults against police officers, firefighters and even teachers more severely than assaults and battery aimed at civilians. In Texas, penalties are even increased for assaults on athletes or referees at sporting events. Generally, these enhancements only apply when the victim is performing an official duty when attacked, or if the perpetrator is retaliating for an official act.
The most common type of assault, domestic violence assault, is rarely treated as aggravated assault but is often criminalized under a statutory scheme in criminal law separate from ordinary assault laws.
The perpetrator's state of mind can also push assault charges from simple assault to aggravated assault. If the offender acted with the intent to cause grievous bodily harm, a charge of simple assault could become aggravated assault.
Aversion to a particular group can also serve as a basis for increased attack costs; attacks against members of certain protected classes can be hate crimes. Hate crimes can include attacks based on the victim's race, ethnicity, national origin, religion, sexual orientation or disability.
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Depending on the state, reckless conduct could amount to aggravated assault. For example, if someone acts with reckless disregard for human life, but without the specific intent to injure a specific person. If a dangerous or deadly weapon is involved, reckless conduct may constitute an aggravated felony even without specific intent to injure. This reckless behavior could include throwing rocks into moving traffic or firing a handgun into the air on a city street.
Sexual assaults are almost always classified separately from other assaults. Depending on state laws, sexual assault can be charged as battery, sexual assault, aggravated sexual assault, or rape.
A more serious injury to the victim can escalate an otherwise simple attack into something more serious. In most states, any assault that causes serious bodily injury can qualify as aggravated assault. The severity of the injury can be defined in different ways by different state statutes. Some states require that the injury create a risk of death, while others increase assaults that cause permanent injury, disfigurement, or great bodily harm to the victim.

Other states only vaguely define the element of serious injury. If a method of assault that would normally result in death results in greater bodily injury, some states continue to punish it as aggravated assault (although it can be attempted murder).
Simple Vs. Aggravated Assault Charges
Because aggravated assault covers such a wide range of circumstances, a thorough examination of the facts of your case is essential to developing a successful defense. A knowledgeable local criminal defense attorney can help explain the details of local assault statutes and examine the facts of your case for possible defenses. Find a criminal defense attorney near you and get some peace of mind.
Meeting with an attorney will help you understand your options and how to best protect your rights. Visit our attorney directory to find an attorney near you who can help.
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