A Weapon, An Injury, A Felony: Aggravated Assault Defense in Austin, Texas

An argument that escalated. A shove that went too far. A moment of fear that led to action. In Texas, assault becomes aggravated assault when a weapon is involved or when serious injury occurs. A simple fight becomes a second-degree felony. A moment of poor judgment becomes 2 to 20 years in prison. The presence of a weapon—real or perceived—changes everything.

At Barton & Associates, Attorneys at Law, we defend clients across Central Texas against aggravated assault charges. Whether you are accused of using a weapon, causing serious injury, or threatening someone in a way that frightened them, we understand how quickly a situation can spiral. Our attorneys have spent decades in Travis County courtrooms and beyond, handling the most serious criminal cases with skill and determination.

We know that aggravated assault cases often hinge on the word of the alleged victim, the classification of the weapon, and the circumstances of the confrontation. We know how to challenge the State’s evidence, present self-defense, and build a defense that protects your freedom. We know that a moment of fear should not define your future.

If you are facing an aggravated assault charge, you are not alone. Let us help you fight back.

Understanding Aggravated Assault in Texas

Under Texas law, a person commits aggravated assault if they cause serious bodily injury to another, or if they use or exhibit a deadly weapon during an assault.

The Elements:

The State must prove:

• You committed assault (causing bodily injury, threatening imminent bodily injury, or causing offensive physical contact)

• AND you caused serious bodily injury OR used or exhibited a deadly weapon

The Penalty:

• Aggravated Assault (Serious Bodily Injury or Deadly Weapon): Second-degree felony (2 to 20 years in prison)

• Aggravated Assault Against a Family Member: Second-degree felony (2 to 20 years)

• Aggravated Assault Against a Public Servant: First-degree felony (5 to 99 years)

What Is Serious Bodily Injury:

• Injury that creates a substantial risk of death

• Injury that causes serious permanent disfigurement

• Injury that causes protracted loss or impairment of any bodily member or organ

What Is a Deadly Weapon:

• A firearm (deadly weapon per se)

• Any object that in the manner of its use is capable of causing death or serious bodily injury

For residents across Central Texas, an aggravated assault conviction can mean years in prison.

What Is the Penalty for Aggravated Assault in Texas?

Aggravated assault is a second-degree felony in Texas, punishable by 2 to 20 years in prison and a fine of up to $10,000.

Factors That Affect Sentencing:

• Whether the victim was a family member

• Whether the victim was a public servant

• Whether the weapon was a firearm

• Whether serious bodily injury occurred

• Whether you have prior convictions

Enhanced Penalties:

• Aggravated assault against a public servant: First-degree felony (5 to 99 years)

• Aggravated assault with a deadly weapon causing serious bodily injury: Enhanced sentence

Collateral Consequences:

• Felony Criminal Record: A permanent felony conviction

• Loss of Firearm Rights: A felony conviction results in lifetime prohibition

• Employment: Many employers will not hire individuals with felony convictions

• Housing: Landlords may deny rental applications

• Professional Licensing: Licensing boards may deny or revoke licenses

• Immigration: Non-citizens face mandatory deportation

For those in the Austin area, an aggravated assault conviction can change your life forever.

How to Defend an Aggravated Assault Charge

Defending against an aggravated assault charge requires a strategic approach. The stakes are high, and the prosecution will have significant resources.

Defense 1: Self-Defense

Self-defense is a complete defense to aggravated assault. You must show:

• You reasonably believed you were in imminent danger of death or serious bodily injury

• The force you used was reasonable and proportional

• You did not provoke the confrontation

Defense 2: Defense of Others

You may use deadly force to protect another person from imminent danger of death or serious bodily injury.

Defense 3: No Serious Bodily Injury

If the charge is based on serious bodily injury, the State must prove the injury meets the legal definition. Your attorney can challenge:

• Whether the injury created a substantial risk of death

• Whether the injury caused permanent disfigurement

• Whether the injury caused protracted loss or impairment

Defense 4: No Deadly Weapon

If the charge is based on a deadly weapon, the State must prove the object qualifies. Your attorney can argue:

• The object was not a deadly weapon

• The object was not used in a deadly manner

• The object was not capable of causing death or serious bodily injury

Defense 5: No Assault

The State must prove an underlying assault occurred. Your attorney can argue:

• No bodily injury occurred

• There was no threat of imminent bodily injury

• The contact was accidental

Defense 6: False Allegations

Aggravated assault allegations often arise in the context of:

• Contentious relationships and breakups

• Custody disputes

• Retaliation

• Self-defense situations mischaracterized by the alleged victim

Evidence of false allegations may include:

• Inconsistent statements by the accuser

• Motive to lie

• Witnesses who contradict the accuser’s story

• The absence of physical evidence

For those in Central Texas, a strong defense can mean the difference between a decade in prison and freedom.

Self-Defense: The Most Powerful Defense

Self-defense is a complete defense to aggravated assault. If you were protecting yourself from imminent danger, you cannot be convicted.

What the State Must Prove:

The State must prove beyond a reasonable doubt that you did not act in self-defense. If the evidence raises a reasonable doubt, you must be acquitted.

Elements of Self-Defense:

• Imminent Danger: You reasonably believed you were in imminent danger of death or serious bodily injury

• Proportional Force: The force you used was reasonable and proportional to the threat

• No Provocation: You did not provoke the confrontation

Stand Your Ground:

Texas has a “stand your ground” law. You have no duty to retreat before using deadly force if you are in a place where you have a right to be.

For those in the Austin area, self-defense is often the key to an acquittal.

Serious Bodily Injury: What It Means

The State must prove the injury meets the definition of serious bodily injury. This is not automatic.

What the State Must Prove:

• Substantial Risk of Death: Did the injury create a risk of death?

• Permanent Disfigurement: Did the injury cause permanent scarring or disfigurement?

• Protracted Loss or Impairment: Did the injury cause loss or impairment of a bodily member or organ that lasted for a significant period?

Challenging Serious Bodily Injury:

• No Risk of Death: The injury did not create a substantial risk of death

• No Permanent Disfigurement: The injury healed without permanent scarring

• No Protracted Loss: The impairment was temporary

The Importance:

If the State cannot prove serious bodily injury, the charge may be reduced to simple assault—a misdemeanor.

For residents across the Austin metro area, challenging serious bodily injury can reduce a felony to a misdemeanor.

The Deadly Weapon: Real or Perceived

A deadly weapon can be a firearm, a knife, or any object used in a manner capable of causing death or serious bodily injury. Even a bare hand can be a deadly weapon in some circumstances.

What the State Must Prove:

• The object was capable of causing death or serious bodily injury

• OR the object was used in a manner capable of causing death or serious bodily injury

Defending the Weapon Element:

• Toy or Replica: The object was not a real weapon

• No Capability: The object was not capable of causing death or serious bodily injury

• No Use: The object was not used in a deadly manner

The Danger:

An object that is not inherently dangerous—a baseball bat, a hammer, a vehicle—can become a deadly weapon depending on how it is used.

For those in Central Texas, challenging the weapon element can reduce a second-degree felony to a misdemeanor.

Aggravated Assault Family Violence

When aggravated assault is committed against a family member, the charge is the same—a second-degree felony—but the collateral consequences are more severe.

What Makes It Different:

• Protective Order: The court will issue a protective order restricting your contact with the alleged victim

• CPS Investigation: If children were present, CPS will investigate

• Custody: A conviction can affect child custody

• Firearm Rights: A conviction results in lifetime loss of firearm rights under federal law

Defending Family Violence Cases:

• Self-Defense: You were protecting yourself

• False Allegations: The alleged victim is lying

• No Weapon: The charge should be reduced to simple assault

For those in the Austin area, family violence aggravated assault cases require a defense that addresses both the criminal case and the family consequences.

Deferred Adjudication for Aggravated Assault

For first-time offenders, deferred adjudication may be available for aggravated assault—even for felonies.

How Deferred Adjudication Works:

• You plead guilty or no contest

• The court defers a finding of guilt

• You complete probation (typically 1-5 years)

• Conditions may include anger management, community service, fines, and other requirements

• If you complete probation successfully, the case is dismissed

• No conviction on your record

Eligibility:

• First-time offender

• No prior felony convictions

• The case does not involve serious injury or other aggravating factors

For residents across Central Texas, deferred adjudication is often the goal in an aggravated assault case.

Frequently Asked Questions About Aggravated Assault in Austin, Texas

When clients come to our office—whether from the urban core of Austin, the suburbs to the north and south, or the Hill Country communities—they often have questions about aggravated assault charges. Here are the answers to the most common inquiries we receive.

What is the penalty for aggravated assault in Texas?

Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000.

What is the difference between assault and aggravated assault?

Assault is a misdemeanor. Aggravated assault is a felony. The difference is serious bodily injury or the use of a deadly weapon.

What is self-defense?

Self-defense is a complete defense to aggravated assault. If you reasonably believed you were in imminent danger and used proportional force, you cannot be convicted.

What is serious bodily injury?

Serious bodily injury is injury that creates a substantial risk of death, causes permanent disfigurement, or causes protracted loss or impairment of any bodily member or organ.

What is a deadly weapon?

A deadly weapon is anything that in the manner of its use is capable of causing death or serious bodily injury. This includes firearms, knives, vehicles, and any object used in a dangerous manner.

Can I get deferred adjudication for aggravated assault?

Yes, in some cases. First-time offenders may be eligible for deferred adjudication, which results in dismissal of the case with no conviction on your record.

Do I need an attorney for an aggravated assault charge?

Yes. Aggravated assault is a felony that can result in years in prison. An experienced attorney can challenge the evidence and seek deferred adjudication.

Why Barton & Associates for Aggravated Assault Defense in Austin

Aggravated assault cases are among the most serious we handle. Our attorneys have spent decades in courtrooms across Central Texas, defending clients against these charges with skill and determination.

We know the local prosecutors. We know the judges. We know how to present self-defense, challenge serious bodily injury, and fight for your freedom.

Take the First Step Toward Protecting Your Future

If you are facing an aggravated assault charge, your freedom and your future are on the line. Years in prison are at stake. Do not wait. The sooner you have an experienced attorney on your side, the better your chances of a favorable outcome.

Call our Austin office today at 512-THE-FIRM (843-3476) to speak with an experienced criminal defense attorney about your case. You can also complete the online Free Consultation form on our website to schedule a confidential meeting. Please note, on-site consultations are by appointment only. We look forward to helping you protect your rights and your future.

Main Category: Criminal Defense Austin
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
316 W 12th St Suite 400, Austin, TX 78701
Office: 512-THE-FIRM (843-3476)