San Antonio Aggravated Assault Defense Lawyers – Protecting Your Rights Against Severe Felony Charges

Understanding the Gravity of an Aggravated Assault Charge in Texas

An aggravated assault charge in Texas represents one of the most serious violent felonies you can face, carrying severe penalties that can permanently alter the course of your life. Unlike simple assault, aggravated assault involves allegations of serious bodily injury or the use or exhibition of a deadly weapon during the commission of an assault. At Barton & Associates, we understand that these charges often arise from highly charged situations—domestic disputes, bar fights, or acts of perceived self-defense that escalated quickly. The state pursues these cases aggressively, and the consequences of a conviction are devastating: decades in prison, crippling fines, and a permanent felony record that will follow you forever. If you or a loved one is facing this accusation, securing an experienced, strategic defense is not an option—it is an urgent necessity for your future.

What Constitutes Aggravated Assault Under Texas Law?

Texas Penal Code § 22.02 elevates a simple assault to an aggravated assault under two primary circumstances. The prosecution must prove all elements beyond a reasonable doubt.

1. Assault Causing Serious Bodily Injury

This occurs when a person commits an assault (as defined under Texas Penal Code § 22.01) and in doing so causes “serious bodily injury” to another. Texas law defines serious bodily injury as an injury that:

• Creates a substantial risk of death
• Causes serious permanent disfigurement
• Results in protracted loss or impairment of the function of any bodily member or organ

Examples include broken bones, severe lacerations requiring extensive stitches, injuries requiring surgery, or head trauma leading to long-term cognitive issues.

2. Assault with a Deadly Weapon

This occurs when a person commits an assault while using or exhibiting a deadly weapon during the commission of the offense. A “deadly weapon” is broadly defined as:

• Anything manifestly designed, made, or adapted for inflicting death or serious bodily injury (e.g., firearms, knives, clubs).
• Anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (e.g., a vehicle, a baseball bat, a rock, a hot liquid, or even hands/feet in certain circumstances).

Key Takeaway: You can be charged with aggravated assault even if no one was physically touched. The mere exhibition of a deadly weapon in a threatening manner during an altercation can form the basis of this severe felony charge.

The Severe Penalties for an Aggravated Assault Conviction

Aggravated assault is typically a second-degree felony in Texas. However, the penalties can be enhanced to a first-degree felony under specific, common circumstances. The stakes could not be higher.

Enhancements that make aggravated assault a first-degree felony include:

• The victim is a public servant (peace officer, firefighter, EMT) acting in their official capacity.
• The victim is a security officer or emergency services personnel.
• The assault is committed in retaliation against a witness, informant, or prosecutor.
• The assault is committed by discharging a firearm from a motor vehicle (“drive-by shooting”).

Collateral Consequences: A Life Sentence Beyond Prison

A conviction triggers lifelong penalties that constitute a “civil death”:

• Permanent Violent Felony Record: This will appear on every background check, effectively barring employment in countless fields (education, healthcare, finance, government, licensed trades).
• Loss of Fundamental Civil Rights: Felons lose the right to vote, hold public office, and serve on a jury.
• Loss of Gun Rights: A felony conviction results in a permanent, federal prohibition on owning or possessing firearms.
• Professional Licensing Revocation: Any existing professional license (nursing, law, real estate, plumbing, etc.) will be revoked, and future applications will be denied.
• Housing and Loan Ineligibility: Securing a mortgage, rental housing, or most forms of credit becomes extremely difficult.
• Immigration Consequences: For non-citizens, a conviction is an “aggravated felony” leading to mandatory deportation with no possibility of return.

Common Defense Strategies for Aggravated Assault Charges

At Barton & Associates, we launch an immediate and comprehensive investigation to challenge the prosecution’s case at every point. Your freedom depends on a defense that leaves no stone unturned.

Core Defense Strategies Include:

• Self-Defense or Defense of Others: This is often the most compelling defense. Texas law permits the use of force, including deadly force, when you reasonably believe it is immediately necessary to protect yourself or another from the other person’s use or attempted use of unlawful force. We must prove you did not provoke the assailant and that you reasonably perceived an imminent threat.
• Lack of Intent or Accident: Aggravated assault requires intentional, knowing, or reckless conduct. We argue the incident was a tragic accident, a reflex, or that you lacked the requisite mental state to commit the crime.
• Disputing the “Serious Bodily Injury” or “Deadly Weapon” Elements: We challenge the medical evidence, arguing the injuries do not meet the high legal threshold of “serious bodily injury.” We also contest whether the object used qualifies as a “deadly weapon” in the manner it was used.
• Misidentification or False Accusation: In chaotic situations, witnesses are often wrong. We uncover inconsistencies in identification. In domestic cases, we investigate whether allegations are fabricated for advantage in a custody or divorce proceeding.
• Violation of Constitutional Rights: We file motions to suppress evidence obtained through unlawful searches, seizures, or coercive interrogations. If key evidence is thrown out, the state’s case may collapse.
• Castle Doctrine Defense: Texas law presumes your use of force is reasonable if you used deadly force against someone who was unlawfully and with force entering or attempting to enter your occupied home, vehicle, or workplace.

The Critical Importance of Immediate Action

From the moment of arrest, the system moves quickly against you. Your first moves are decisive.

• INVOKE YOUR RIGHT TO REMAIN SILENT. Do not speak to police, investigators, or cellmates about the case. Anything you say will be used against you. State clearly: “I am invoking my right to remain silent and I want an attorney.”
• DO NOT DISCUSS THE CASE WITH ANYONE. All jail calls are recorded. Conversations with friends and family are not protected. Assume everything is being listened to.
• CONTACT A DEFENSE ATTORNEY IMMEDIATELY. Do not wait for arraignment or a court-appointed lawyer. Early intervention allows us to secure your release, visit the scene, interview witnesses while memories are fresh, and begin building your defense narrative before the prosecution’s case solidifies.

Why Barton & Associates is Equipped for This Fight

Facing an aggravated assault charge requires a law firm with a specific and formidable skill set: former prosecutors, trial-tested litigators, and investigators who know how to dismantle the state’s case.

• Former Prosecutorial Leadership: Our attorneys have been on the other side. We know how district attorneys build aggravated assault cases, what evidence they prioritize, and where their arguments are most vulnerable. This insider perspective is invaluable.
• Resources for a Complex Defense: We have the financial and professional resources to hire top medical experts to review injuries, private investigators to re-examine the scene, and forensic specialists to challenge evidence. We spare no expense in your defense.
• Trial-Tested Aggressiveness: We are not a plea-bargain mill. We prepare every case for trial. This readiness gives us tremendous leverage in negotiations and demonstrates to prosecutors and judges that we will fight relentlessly for you in court.
• Compassionate Guidance in Crisis: We understand the profound fear and stress you are enduring. While we fight aggressively in court, we provide clear, steady guidance and support to you and your family throughout the process.

Your Future Is at Stake. Take Action Now.

An aggravated assault charge is a legal emergency. The potential loss of your freedom for decades, followed by a lifetime of collateral consequences, is too grave to trust to an inexperienced attorney or a passive defense.

Do not speak to anyone about your case. Do not wait.

Contact Barton & Associates immediately at 210-500-0000 for a confidential case evaluation. We will move swiftly to protect your rights, explain the process, and begin constructing the powerful defense you need to fight for your life and your future.

Main Category: Criminal Defense
Practice Area Category: Felony Offenses
Barton & Associates, Attorneys at Law
115 Camaron St, San Antonio, TX 78205
Office: 210-500-0000