Facing Aggravated Assault with a Deadly Weapon in San Antonio? Your Defense Starts Here
Understanding the Severity of Aggravated Assault with a Deadly Weapon in Texas
In Texas, the charge of Aggravated Assault with a Deadly Weapon is a serious felony that stands apart from lesser assault accusations. This charge involves using or exhibiting a deadly weapon during the commission of an assault, or threatening or causing serious bodily injury with such a weapon. The legal landscape in Texas, particularly in Bexar County and the San Antonio area, is shaped by aggressive enforcement from local task forces and prosecutors who treat these allegations with the utmost gravity. A conviction is not merely a temporary setback; it is a life-altering event with cascading consequences that can strip away your freedoms, rights, and future opportunities.
The immediate penalties upon conviction are severe. Depending on the specific circumstances and your criminal history, you face the prospect of significant state prison time and fines reaching thousands of dollars. However, the long-term consequences are often more devastating. A felony conviction results in the permanent loss of your right to legally possess firearms under both Texas and federal law. Furthermore, this conviction can create nearly insurmountable barriers to securing meaningful employment, obtaining professional licenses, finding stable housing, and preserving your personal reputation. In essence, your entire future is on the line.
How Texas Law Defines “Deadly Weapon” and “Serious Bodily Injury”
A common misconception is that a “deadly weapon” is limited to guns and knives. Under Texas law, this definition is far broader and hinges on the use of an object. A deadly weapon is any object that, in the manner of its use or intended use, is capable of causing death or serious bodily injury.
- Traditional Weapons: Firearms, knives, and brass knuckles are clear examples.
- Everyday Objects: A baseball bat, a heavy tool, a broken bottle, or even a vehicle can be deemed a deadly weapon if used in a threatening or injurious manner
- The Critical Factor: The prosecution must prove you used or exhibited the object with the intent to cause fear of serious injury or death.
Similarly, “serious bodily injury” is defined as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of any bodily member or organ. This means an assault need not cause a fatal wound to be charged as aggravated; injuries like severe lacerations, broken bones, or gunshot wounds typically qualify.
The Prosecution’s Burden of Proof
To secure a conviction, the State must prove several elements beyond a reasonable doubt. Understanding these elements is the first step in building an effective defense. The prosecution must demonstrate that you:
- Intentionally or knowingly threatened or caused bodily injury to another.
- Used or exhibited a deadly weapon during the commission of the assault.
- Had the present ability to commit the act.
A skilled defense attorney will challenge each of these pillars, often finding that the state’s evidence is insufficient to meet this high legal burden.
Our Defense Strategy: A Meticulous, Multi-Pronged Approach
At Barton & Associates, we reject a one-size-fits-all approach. Led by Attorney Gary J. Barton, our team develops a bespoke defense strategy for every client, grounded in decades of combined experience and a deep knowledge of Texas criminal law. Our defense begins with a rigorous investigation and often focuses on the following key areas:
1. Challenging Unlawful Stops and Searches
A cornerstone of our defense is a meticulous review of the circumstances leading to your arrest. The Fourth Amendment protects you from unreasonable searches and seizures. We scrutinize whether law enforcement had valid probable cause for the initial stop and whether any search that discovered a weapon was legally justified. If your constitutional rights were violated, we file aggressive motions to suppress the evidence. Successfully suppressing key evidence can cripple the prosecution’s case, often leading to a significant reduction or outright dismissal of charges.
2. Asserting Legal Justifications: Self-Defense and Defense of Others
One of the most powerful defenses against a violent crime allegation is the claim of justification. Texas law recognizes your right to protect yourself and others from imminent harm. We will gather evidence to show that:
- You reasonably believed you or another person were in imminent danger of unlawful force.
- You reasonably believed that the use of force was immediately necessary to counter that danger.
- The level of force you used was reasonable and proportionate to the threat you faced.
This defense can transform the narrative of the incident, positioning you not as an aggressor, but as someone lawfully responding to a threat.
3. Attacking the Core Elements of the Charge
We leave no stone unturned in deconstructing the prosecution’s case. Our defense may effectively argue:
- Lack of a Deadly Weapon: Demonstrating that the object in question was not used in a manner capable of causing death or serious bodily injury.
- Absence of Intent: Proving that your actions were accidental, reckless without specific intent to injure, or the result of a misunderstanding.
- No Present Ability: Arguing that you did not have the immediate physical capability to carry out the alleged threat (e.g., an unloaded firearm at a distance without ammunition).
- False or Mistaken Accusation: Uncovering biases, inconsistencies in witness statements, or ulterior motives (such as anger, jealousy, or revenge in domestic disputes) that undermine the accuser’s credibility.
The Critical Intersection of State and Federal Law
Weapons charges often exist in a complex web of overlapping state and federal jurisdiction. An act that violates Texas Penal Code § 46 may also trigger federal prosecution under statutes like 18 U.S.C. § 922(g), which prohibits firearm possession by certain individuals, including convicted felons. Federal charges carry distinct procedures, often involve severe mandatory minimum sentences, and are prosecuted by different authorities.
Our firm has the rare and critical experience to navigate both court systems. For instance, we understand nuanced distinctions, such as how a Texas deferred adjudication may not be considered a “conviction” under federal law, potentially defeating a federal charge. This comprehensive insight ensures your defense is airtight, no matter which government entity brings the case.
Potential Outcomes and Penalties at a Glance
The potential consequences of an aggravated assault with a deadly weapon conviction vary based on factors like the specific weapon used, the victim’s status, and your criminal history. The following table outlines the severe stakes involved:
- Aggravated Assault with a Non-Firearm Deadly Weapon (e.g., knife, bat): Second-Degree Felony (typically). 2 to 20 years in prison and a fine of up to $10,000.
- Aggravated Assault with a Firearm: Enhanced Felony. Potentially longer prison terms, especially if a semi-automatic weapon is involved.
- Assault Against a Public Servant (e.g., police officer, firefighter): First-Degree Felony 5 to 99 years or life in prison, with enhanced penalties if a firearm is used.
- Collateral Consequences (All Convictions): N/A. Permanent loss of gun rights, difficulty finding employment/housing, loss of professional licenses, and a permanent felony record.
Why Choosing the Right Attorney Makes All the Difference
Facing these charges without expert counsel is a risk you cannot afford. The Barton & Associates advantage is built on a foundation of experience, insight, and relentless advocacy.
- Former Prosecutorial Insight: Our team includes attorneys who have worked on the prosecution side. This gives us an invaluable perspective on how the state builds its cases, allowing us to anticipate their strategies and identify weaknesses from day one.
- Trial-Tested Readiness: We prepare every case as if it is going to trial. This posture not only ensures we are ready to defend you before a jury but also strengthens our position in negotiations. Prosecutors know we are fully prepared to go to court, which often leads to better plea offers or decisions to drop charges.
- Clear, Consistent Communication: We believe you have the right to understand every step of your defense. We explain the legal process in clear terms, provide honest assessments, and ensure you are never left in the dark about the status of your case.
Take Immediate Action to Protect Your Future
The period following an arrest is critical. Evidence must be preserved, witnesses contacted, and strategic motions filed promptly. Do not speak to investigators, detectives, or prosecutors without an attorney present. Politely assert your right to remain silent and your right to legal counsel.
Contact Barton & Associates today at 210-500-0000 for a free and confidential case evaluation. Let our experienced San Antonio criminal defense attorneys stand by your side. We will fight tirelessly to protect your freedom, your rights, and your future.
Main Category: Criminal Defense
Practice Area Category: Weapon Crimes
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000
