Aggravated Assault – Serious Bodily Injury

The offense of aggravated assault causing serious bodily injury is contained in Chapter 22 of the Texas Penal Code. Section 22.02 sets out the elements of the offense.

The elements are that a person acting intentionally, knowingly or recklessly commits an assault against another, and that assault results in serious bodily injury to the other person. There is no requirement that a deadly weapon has been used. If a deadly weapon was used, then you may instead be charged with aggravated assault with a deadly weapon.

Serious bodily injury is defined by Section 1.07 of the Texas Penal Code as bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Examples may include a fractured facial bone requiring surgery to prevent significant deformity, a knife wound extending into a victim’s lung causing difficulty breathing, permanent and extensive scarring that causes severe disfigurement, or an injury to a victim’s eye resulting in partial blindness.

Not all seemingly serious injuries rise to the level of serious bodily injury. Minor scarring, a knife wound without evidence of substantial risk of death, injury requiring surgery without extended impairment of organ function, or bodily injury with only the potential for serious complications may not satisfy the legal definition.

Very rarely do instances of violence occur absent some precipitating event. Often those events may explain or even justify the conduct of the actor. Criminal defense attorney Waren Price works with his clients to identify those factors and develop any defenses that may apply.

Common defenses include self-defense, defense of a third party, defense of your own property, lack of evidence of serious bodily injury, and mistaken identification of the suspect. The skilled assault defense attorney will work with you to craft a defense that fits the facts of your case.

Aggravated assault is generally charged as a second-degree felony. This means that it carries a punishment ranging from two years up to 20 years in prison and a fine not to exceed $10,000.

In certain circumstances, the level of the offense may be elevated to a first-degree felony, such as where the actor caused serious bodily injury to a family member, the offense is committed against or by a public servant, the offense is committed against a witness or informant, or the offense involves a drive-by shooting at a home, car, or business. A first-degree felony can include the possibility of life in prison.

If you are accused of aggravated assault and are not guilty of the offense, then you should plead not guilty to the state’s case against you. We want to see your case dismissed or you be found not guilty by a judge or jury.

An experienced assault defense attorney will work with you to develop a strategy to give you the best outcome for your case. Defense lawyer Waren Price has handled hundreds of assault cases over the past 20 years and can help you.