Waco Assault Defense Lawyers

• Serious bodily injury. Injury that creates a substantial risk of death, causes disfigurement, or results in the loss or impairment of a bodily organ or function.
• Use or exhibition of a deadly weapon. Covered in more detail below, since it's one of the most commonly charged forms of aggravated assault we see in McLennan County.

A standard aggravated assault is a second-degree felony, carrying 2 to 20 years in prison. It becomes a first-degree felony, 5 to 99 years or life, when committed against a public servant, a security officer, a witness or informant in retaliation, or a family member combined with impeding breath.

Aggravated Assault With a Deadly Weapon

Texas law defines a deadly weapon broadly under Penal Code § 1.07(a)(17): anything manifestly designed to cause death or serious injury, or anything that, in the manner it was actually used, was capable of causing death or serious bodily injury. That second category covers a lot of ground. Texas courts have found vehicles, tools, and even a person's hands or feet to qualify as a deadly weapon depending entirely on how they were used, which means the weapon itself is often as contested as the assault allegation.

A deadly weapon finding changes the case in ways that go beyond the charge itself:

• It blocks judge-ordered probation. A judge cannot grant community supervision when the evidence supports a deadly weapon finding.
• It restricts parole eligibility. Instead of the standard one-quarter eligibility most felonies carry, a deadly weapon finding requires serving at least half the sentence, in actual calendar time with no good-conduct credit, capped at 30 years.

Because the finding carries consequences independent of the underlying sentence, our attorneys often challenge it directly, whether an object legally qualifies as a deadly weapon, whether it was actually used or exhibited rather than merely present, and whether the State's account of how it was used holds up.

Enhanced Charges for Certain Victims

Texas law treats assaults against certain victims as more serious regardless of the injury involved:

• Public servants and police officers. Assault against an officer or public servant performing an official duty carries elevated penalties at both the simple and aggravated assault level.
• Elderly and disabled individuals. Texas law separately criminalizes injury to a person 65 or older or a disabled individual under Penal Code § 22.04, a statute that can apply even when the underlying conduct would otherwise be a lower-level offense, and carries penalties starting at a state jail felony.

Common Defenses to Assault Charges

Assault cases often turn on which side of a dispute gets believed first, and that first version isn't always the accurate one:

• Self-defense or defense of a third party. Texas law allows the use of force to protect yourself or others from an attack.
• Mutual combat or consent. Applicable in specific circumstances, including some athletic or sparring contexts.
• Lack of intent. The State must prove the conduct was intentional, knowing, or reckless, not accidental.
• Insufficient evidence of injury. "Bodily injury" has a legal definition, and not every physical contact meets it.
• Mistaken identity or an unreliable witness. Common in cases developed quickly from a single complaining witness.

Frequently Asked Questions

Can I Be Charged With Assault Without Leaving a Mark?

Yes. Texas law's definition of bodily injury includes physical pain, not just visible injury, though the extent of injury still affects how a case is charged and resolved.

Is Self-Defense a Valid Defense to Assault in Texas?

Yes, Texas law permits the use of force to protect yourself or another person from an attack, provided the response was reasonable under the circumstances.

What's the Difference Between Assault and Aggravated Assault?

Aggravated assault requires either serious bodily injury or the use or exhibition of a deadly weapon. Without one of those two factors, the charge is simple assault.

Can a Class C Assault Charge Be Dismissed?

Sometimes, including through deferred disposition, a negotiated dismissal, or a finding that the evidence doesn't support the charge as filed.

Will an Assault Conviction Affect My Right to Own a Firearm?

A felony assault conviction results in loss of firearm rights under both state and federal law. Certain misdemeanor family-violence convictions can also trigger a federal firearms prohibition.

Request a FREE Case Review: (737) 324-7540

The other side in an assault case, whether that's a complaining witness, an officer's report, or a prosecutor's early read, already has its version of events on paper before you've had the chance to tell yours.

Call (737) 324-7540 or contact us online for a FREE, confidential case review with a Waco assault defense attorney.