How Many Years Do You Go To Jail For Aggravated Assault?

An aggravated assault can potentially merit a life sentence, depending on the seriousness of the offense. Learn about assault charges and the penalty they carry.

Assault charges are taken seriously in Texas. One does not even need to physically touch another for an assault to take place. Even verbal threats to imminent bodily harm can constitute an assault offense. This article will show you how a simple assault can be enhanced into an aggravated assault, and what are the corresponding punishments and penalties for such offenses.

A simple assault can escalate into aggravated assault under two conditions, with the first being the act leads to serious bodily injury. The second condition is when the offender “uses or exhibits a deadly weapon during the commission of the assault.”

That said, let us first talk about how certain circumstances can enhance the seriousness of assault charges.

When Assault Offenses Turn Into Aggravated Crimes In Texas

As mentioned at the onset of this article, there are qualifying circumstances that turn simple assault charges into aggravated assault.

POSSESSION OR USE OF A WEAPON

Brandishing a weapon during the act of a simple assault is a sure way to elevate assault charges to aggravated assault. However, Texas statutes define “deadly weapon” beyond just firearms. It includes any item that can potentially cause serious bodily harm or even death. With that in mind, a deadly weapon can be one of the following:

• Brass knuckles.
• A boxcutter or a knife.
• A sturdy or heavy baseball bat or club.
• Bombs and other improvised explosive devices.
• The use of a motorized vehicle.
• A sword or an axe.

The point is, that deadly weapons are no longer just conventional death-dealing weapons.  These can be anything that’s capable of causing death or serious bodily injury and used in such a manner by the offender.

SERIOUS INJURY TO THE VICTIM

Aggravated assault charges are filed instead of a simple assault, when the victim suffers a serious bodily injury during the incident. Serious bodily injury in Fort Worth TX is defined as “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.”

Based on the state’s definition, a serious bodily injury can pose the risk of death to the victim. It can also be the loss or impairment of the function of a limb, body member, or organ. Thus, if the assault resulted to broken bones or permanent scarring, then the offense itself constitutes an aggravated assault.

THE NATURE OF THE VICTIM

In addition to the previous two conditions, assault done against people in certain professions can upgrade from simple to aggravated assault. These personalities include cops, emergency workers, judges, public officials, and the disabled. 

If you are facing aggravated assault charges in Fort Worth, do not be hasty and plead guilty even if you think you are in the wrong. Get an experienced assault lawyer in Fort Worth to help you put up a solid defense and ensure that your rights are still protected.

Assault Charges In Fort Worth TX

Facing assault charges can bring immediate consequences such as the possibility of going to jail, paying a hefty fine, or both. Call an assault lawyer right away to help you find the best course of action in facing assault charges.

Do note that assault charges should be proven beyond reasonable doubt and by legally obtained pieces of evidence that the assault:

• Caused serious bodily injury to the victim; OR
• There was a deadly weapon used or exhibited during the commission of the assault.

Here are the different assault charges and the punishment and penalties they carry.

Class C Misdemeanor Assault. This one is just a simple assault and does not carry any jail sentence. It typically includes verbal threats or physical contact that is offensive or provocative. Still, a fine of up to $500 is not a joking matter.

Class B Misdemeanor Assault. This assault charge usually happens during sporting events, though it cannot be applied to physical contact between players during competition. It protects, however, sports officials and referees. It also deters angry fans from attacking players. This type of assault class should not be taken lightly because even in the absence of physical contact, a conviction carries up to six months in prison and fines not exceeding $2000.

Class A Misdemeanor Assault. This type of assault results in physical harm. It also includes making threats against an elderly or disabled person. The penalty it carries is a fine of up to $4000, a jail time of up to one year in prison, or both.

When An Assault Is A Felony Offense

Third-Degree Felony Assault. This type of offense happens when the act is carried out against a public servant, family member, member of a household, dating partner, social worker, security officer, or emergency services personnel. A conviction carries a fine of up to $10,000 and two to 10 years in prison.

Second-Degree Felony Assault. This is typically used for aggravated assault, and a conviction carries up to 20 years in prison, and a fine of up to $10,000.

First-Degree Felony Assault. This type of offense falls under an aggravated assault against certain personalities. These include public servants like police officers, security officers, and judges. A First-Degree Felony Assault conviction carries a fine of up to $10,000 and a potential life sentence.

It is evident that aggravated assault is a felony offense. If you are facing aggravated assault charges, get an assault lawyer in Fort Worth to fight against it. A skilled assault attorney can cite self-defense as a counter to the allegations. Assault charges are no laughing matter, and having an experienced attorney by your side is the best decision you can make even if you believe that you are guilty.