Aggravated assault in the State of Texas is the act of committing assault while using or exhibiting a deadly weapon. A deadly weapon is not only what you would typically think as a weapon, such as a gun or a knife. It is anything that can be used to cause death or serious bodily injury, like an automobile, a brick, or a person’s own hands. Serious bodily injury is any injury where there is a substantial risk that the person could die or suffer permanent physical damage.
Seriousness of Aggravated Assault with a Deadly Weapon
Aggravated assault with a deadly weapon is a very serious crime in Texas, and the state groups it with other serious crimes termed “3g” offenses (Texas Code of Criminal Procedure, Article 42.12, Section 3g) such as murder, aggravated kidnapping and sexual assault. Judges are not allowed to grant probation to anyone convicted of a 3g offense. These offenders must also serve more of their sentences before they are eligible for parole than those convicted of other crimes.
Aggravated assault is usually a 2nd degree felony, but if any of the following conditions are met, it becomes a 1st degree felony:
- The assault causes serious bodily injury to a family member
- The assault is committed on an on-duty security officer
- The assault is committed by or against a public servant while on duty
- The assault is committed during a drive-by shooting which causes serious bodily injury to any person
- The assault is committed in retaliation against a witness or prospective witness, an informant, or someone who reported a crime.