Assault charges may follow threatening or violent behavior. Under Texas state statutes, people can sometimes face assault charges even if no actual injuries resulted from an altercation with another person. Simple assault is typically a Class C misdemeanor offense, although the state can pursue Class A misdemeanor charges in cases where people cause others bodily injuries.
Prosecutors could also bring aggravated assault charges in certain circumstances. Aggravated assault is often a second-degree felony offense that carries between two and 20 years in prison. Understanding what factors may justify an aggravated assault charge can help defendants assess defense strategies and evaluate the case against them with a defense lawyer.
What details about a situation might justify aggravated assault charges?
The use of a weapon
If an assault involves threatening or harming another person with a dangerous weapon, the situation may be severe enough to warrant aggravated assault charges. Even if a person simply brandishes a weapon, that can theoretically be a sufficient reason for prosecutors to pursue aggravated assault charges.
Serious bodily harm
Aggravated assault charges often follow altercations where one person sustained serious bodily injuries. The state considers any injury that creates a risk of death or causes permanent disfigurement a serious bodily injury.
In some cases, raising questions about intent and other details of the situation could help assault defendants push back on the classification of the offense. A lawyer’s support when assessing the charges and planning a response can make a profound difference for a defendant. Fighting aggravated assault charges could involve a comprehensive defense strategy or possibly plea negotiations that aim to reduce the charges against the defendants at issue.
