Fifty years ago, a couple high school kids could get into a fight and the worst thing they’d face is suspension. Even thirty years ago, bar patrons could fight over a lady, football, or over a game of pool or poker and the worst thing that would happen is they’d get thrown out. Fast-forward to today and a lot has changed.
These days, if you’re in a physical altercation with somebody and you cause serious bodily injury, you’ll be arrested and formally slapped with aggravated assault charges under Section 22.02 of the Texas Penal Code.
Examples of serious bodily injury could include major bruising, broken teeth, black eyes, broken bones, and anything that requires a trip to the emergency room or an overnight hospital stay. Under Sec. 22.02, a person commits the offense of aggravated assault if he or she “causes serious bodily injury to another, including the person’s spouse” or if the actor “uses or exhibits a deadly weapon during the commission of the assault.”
Penalties for Aggravated Assault
Aggravated assault under the Texas Penal Code is prosecuted as a felony of the second or first degree depending on the circumstances.
- It is a felony of the second degree unless,
- The actor used a deadly weapon during the assault and caused serious bodily injury to a victim described under Section 71.0021(b), 71.003, or 71.005 of the Family Code. In other words, if the victim was a family member or member of the offender’s household, it’s a felony of the first degree.
Under Title 3, Chapter 12 of the Texas Penal Code, aggravated assault as a second-degree felony is punishable by 2 to 20 years in prison, and by a possible fine not to exceed $10,000. As a felony of the first-degree, aggravated assault is punishable by 5 to 99 years in prison, and by a possible fine not to exceed $10,000.
My clients are frequently charged with aggravated assault in family violence cases. Examples include spousal abuse, child abuse, or abusing another family or household member. If you are facing aggravated assault charges, you are looking at felony punishment. If you’re accused of family violence, you could also be named in an active Protective Order, which has serious penalties if any of its provisions are violated.
To fight your assault charges in Fort Worth, contact me at the Law Office of A. Oliver Hassibi today. To learn more about me, visit my Attorney Profile page.