Aggravated Assault with a Deadly Weapon

Aggravated assault with a deadly weapon is a serious felony offense under Texas law, defined in the Texas Penal Code §22.02. This statute outlines the circumstances under which an assault escalates to an aggravated offense due to the involvement of a deadly weapon or the infliction of serious bodily injury.

Legal Definition

According to Texas Penal Code §22.02, a person commits aggravated assault if they:

1. Cause serious bodily injury to another person, including their spouse; or

2. Use or exhibit a deadly weapon during the commission of the assault.

A “deadly weapon” encompasses firearms and other objects capable of causing death or serious bodily harm.

Classification and Penalties

Second-Degree Felony

In most cases, aggravated assault with a deadly weapon is classified as a second-degree felony, punishable by:

• 2 to 20 years in prison

• A fine of up to $10,000

First-Degree Felony

The offense escalates to a first-degree felony under certain conditions, including:

• The victim is a family member, dating partner, or household member, and serious bodily injury is inflicted.

• The assault is committed against a public servant, security officer, or witness.

• The assault involves discharging a firearm from a vehicle toward a building, habitation, or vehicle, resulting in serious bodily injury.

Penalties for a first-degree felony include:

• 5 to 99 years or life imprisonment

• A fine of up to $10,000

Real-World Examples

• In November 2021, Julie Vega was brutally attacked by her ex-boyfriend in her San Antonio apartment. The assailant, Shane Jernigan, pleaded guilty to aggravated assault and is serving a 20-year sentence.

• In November 2023, Jose David Diaz fired a shotgun at a baby shower, injuring two people. He was convicted on two counts of aggravated assault with a deadly weapon and sentenced to 50 years in prison.

Legal Considerations

• Self-Defense: Texas law permits the use of force in self-defense under certain conditions.

• Deferred Adjudication: In some cases, first-time offenders may receive deferred adjudication, allowing them to avoid a formal conviction if they meet specific conditions.

• Collateral Consequences: A conviction can lead to long-term repercussions, including loss of firearm rights and difficulties in employment.

Contact Us

If you or a loved one is facing charges related to aggravated assault with a deadly weapon, it’s crucial to seek experienced legal representation. Wilkerson & Campbell, PLLC, located at 2201 Main Street, Suite 206, Dallas, TX 75201, specializes in criminal defense and is committed to protecting your rights. Contact us at 844-849-9789 to schedule a consultation and discuss your case. (Western District Court)

Note: This information is provided for general informational purposes and does not constitute legal advice. For specific legal guidance, please consult a licensed attorney.