CRIMINAL DEFENSE
Aggravated Assault – Deadly Weapon
Plano Aggravated Assault With A Deadly Weapon Attorneys
People are arrested and charged with assault every day in Collin, Denton and Dallas counties. This most often happens when a single witness makes an allegation against another person. That allegation is then reported to a police officer. There may be zero corroborating physical evidence that a crime even occurred, but that person is charged nevertheless.
Add in an allegation of the presence of a weapon and that simple assault where there is no evidence of injury becomes aggravated assault with a deadly weapon. Now the accused is going to jail for a second-degree felony and facing possible prison time. Fortunately, it does not have to end there. By hiring an experienced and respected criminal defense attorney, you can begin to undo the damage caused by a false allegation.
In Texas aggravated assault with a deadly weapon is defined by Texas Penal Code Section 22.02. Aggravated assault occurs when a person uses or exhibits a deadly weapon while committing some type of assault. There are a lot of elements at play here, and many of these terms may not mean what you think.
In order for an assault to occur, it is not necessary that anyone actually be injured. An assault can occur if you intentionally cause bodily injury to someone else, but it can also occur where you only threaten imminent bodily injury or where you simply cause offensive or provocative physical contact with someone else.
Aggravated assault with a deadly weapon most commonly occurs where there is no bodily injury. Most often you have an assault by threat where there is no physical contact of any kind. The threat does not even have to be verbal. This may come in the form of pointing a weapon at someone or brandishing a weapon in the heat of an argument.
It is not unusual that a deadly weapon is alleged to have been used in committing an assault when in fact there was no deadly weapon at all. The legislature specifically enumerates only one thing that is by definition a deadly weapon: a firearm. Guns are considered deadly weapons no matter how they are used or what you intend to do with them. That is not true with any other item.
With everything else, the state of Texas must prove that you actually used the item as a deadly weapon or that you intended to use the item as a deadly weapon. A butcher knife, for example, is not a deadly weapon per se. It only becomes a deadly weapon if someone purposefully uses it in a way that could cause death or serious injury to another person.
Aggravated assault with a deadly weapon is generally a second-degree felony. In cases where the victim is a family member or law enforcement officer, the level of the offense may be elevated to a first degree, but most cases are second-degree felonies.
That means that a person without any criminal record of any kind can receive up to 20 years in prison if convicted. The most significant factors in determining punishment are generally the circumstances of the offense and the accused person’s criminal history.
Depending on the nature of what is alleged and what defenses may be available, it is possible to achieve a dismissal or reduced sentence in many cases. Your case may be one that is appropriate to reduce to a lesser offense. It may even be appropriate for outright dismissal of all charges.
In order to determine if your case may be dismissed or reduced, it is critical that we have all the information related to your case and the information available to the prosecution. An experienced criminal defense attorney will get the information necessary and use that information to achieve the best outcome possible.
While most cases are resolved without a jury trial, it is essential that all potential defenses be investigated in the course of preparing your case for court. Defenses may come in the form of evidence that negates an element of the offense or evidence of justification for your actions.
Common defenses include no intent to threaten, no intent to harm, accidental injuries, no deadly weapon being used or exhibited, defense of self, and defense of a third party. We will work with you to explore every option to get you the most favorable outcome on your case.
