Charged with Aggravated Assault in Houston? Get Expert Legal Defense
Aggravated assault is a serious felony charge in Texas that carries severe legal consequences, including potential prison time. If you or a loved one is facing this charge, it is crucial to have an experienced defense attorney on your side to protect your rights and fight for the best possible outcome.
Attorney Jose Ceja is a Board-Certified Criminal Defense Lawyer and a Texas Super Lawyer with extensive experience defending aggravated assault cases in Houston and throughout Texas. As a former prosecutor, he understands the legal strategies used by the State and knows how to build a strong defense to secure dismissals, charge reductions, and acquittals.
Understanding Aggravated Assault Under Texas Law
What is Aggravated Assault in Texas?
Under Texas Penal Code 22.02, a person commits aggravated assault if they:
- Cause serious bodily injury to another person, including a spouse; or
- Use or exhibit a deadly weapon during the commission of an assault.
This offense elevates a simple assault charge to a felony, leading to much harsher penalties.
Felony Classification of Aggravated Assault
Aggravated assault is typically charged as a second-degree felony, but it can be enhanced to a first-degree felony under certain conditions.
Second-Degree Felony (2 to 20 years in prison, $10,000 fine)
- Involves serious bodily injury or use of a deadly weapon
- Applies to most cases unless specific enhancements apply
First-Degree Felony (5 to 99 years or life in prison, $10,000 fine)
The charge becomes a first-degree felony if:
- The alleged victim is a family member, dating partner, or household member, AND the assault caused serious bodily injury
- The crime was committed against a public servant performing official duties
- The assault was committed in retaliation against a witness, informant, or crime reporter
- The attack was directed against a security officer or process server
- The incident was a drive-by shooting that caused serious bodily injury
Key Factors in an Aggravated Assault Charge
What is Considered Serious Bodily Injury?
Texas law defines serious bodily injury as an injury that:
- Creates a substantial risk of death
- Causes permanent disfigurement
- Results in long-term loss or impairment of a body part or organ
What is Considered a Deadly Weapon?
A deadly weapon is defined by Texas law as:
- A firearm or any object inherently designed to cause death or serious bodily injury (e.g., guns, knives, certain explosives).
- Any object used or intended to be used in a way that is capable of causing death or serious bodily injury. This can include blunt objects, vehicles, or even everyday items if used aggressively or dangerously.
Examples of deadly weapons for purposes of aggravated assault can include:
- Firearms – Always considered deadly weapons, even if unloaded.
- Knives – Depending on how they are used, kitchen knives, utility knives, and even scissors can be classified as deadly weapons.
- Blunt objects – Bats, hammers, metal pipes, or any hard object used to strike someone can be considered deadly weapons.
- Vehicles – A car or truck can be a deadly weapon if used recklessly or with intent to harm.
- Hands and feet – In extreme cases, if used in a way that is capable of causing serious injury or death, hands and feet have been considered deadly weapons in Texas law.
Texas law does not require a deadly weapon to actually cause harm—its capability of causing death or serious injury is enough for it to qualify.
Defending Against an Aggravated Assault Charge
At Ceja Law Firm, we explore every possible defense strategy to get your charges dismissed or reduced.
Common Legal Defenses:
- Self-Defense – Texas law allows individuals to use force to protect themselves if they reasonably believe they are in danger.
- Defense of Others – You are legally justified in using force to protect another person from imminent harm.
- Lack of Serious Bodily Injury – The State must prove the injury qualifies as serious bodily injury under Texas law.
- Lack of a Deadly Weapon – The prosecution must prove that the object used meets the legal definition of a deadly weapon.
- False Allegations – Many aggravated assault charges arise from misunderstandings, false accusations, or revenge motives.
- Lack of Intent – If the injury was accidental, the charge may be reduced or dismissed.
How to Get an Aggravated Assault Charge Dismissed
Many aggravated assault cases in Houston are dismissed or reduced through strong legal defense strategies. Some options include:
- Filing a Grand Jury Packet – A Grand Jury may determine there is no probable cause, leading to a “No Bill” (dismissal).
- Negotiating with the District Attorney – Strong evidence or legal arguments can lead to charge reductions or case dismissals.
- Setting the Case for Trial – Many weak cases are dismissed before trial when the prosecution lacks strong evidence. However, it is a very risky strategy to set a case for trial only so it will be dismissed. An attorney should be prepared to go to trial if the case is set for trial.
Immigration Consequences of an Aggravated Assault Charge
If you are not a U.S. citizen, an aggravated assault charge can have serious immigration consequences. A conviction may lead to deportation, denial of re-entry, or permanent ineligibility for citizenship. Even legal residents and visa holders can face removal proceedings if convicted of certain felony offenses.
Aggravated Assault as an Aggravated Felony or Crime of Moral Turpitude
Under U.S. immigration law, aggravated felonies and crimes involving moral turpitude (CIMTs) can trigger removal proceedings. Aggravated assault may be considered an aggravated felony, especially if it involves a deadly weapon or serious bodily injury. Even if classified as a second-degree felony, it may still be considered a CIMT, which can make a non-citizen inadmissible or deportable.
Impact on Green Card Holders and Visa Holders
- Green Card Holders (Lawful Permanent Residents) – A conviction for aggravated assault may lead to removal proceedings and prevent re-entry into the U.S. after travel.
- Visa Holders (Including Work and Student Visas) – Any criminal conviction can affect visa status, and an aggravated assault charge could result in revocation of a visa and potential removal from the U.S.
False Allegations and U-Visa Fraud Concerns
In some cases, alleged victims may falsely accuse a defendant of aggravated assault to qualify for a U-Visa, a special visa for victims of crimes. This is especially relevant in cases involving domestic disputes or prior conflicts between the parties. A strong defense strategy can expose false allegations and prevent wrongful convictions that could lead to severe immigration consequences.
At Ceja Law Firm, we focus exclusively on criminal defense. However, the immigration consequences of any criminal charge is something that we take seriously and work closely with the best immigration attorneys in the Houston area to ensure that our clients’ immigration status is protected.
Frequently Asked Questions About Aggravated Assault in Texas
What Bond Conditions Can I Expect After a Houston Aggravated Assault Arrest?
Bond conditions vary but may include:
- No contact with the alleged victim
- No possession of firearms
- Travel restrictions
- GPS monitoring in serious cases
What Happens if I Violate My Bond Conditions?
Violating bond conditions can lead to bond revocation, additional charges, or stricter monitoring. It is extremely important to carefully obey your bond conditions.
How Long Will My Case Take?
In the Houston area, aggravated assault charged take many months to resolve. On average, it can take close to 6 months before all of the evidence is received and if the case is set for trial, it can take a year or longer. An experienced aggravated assault defense attorney can give you a more specific estimate based on the facts of your case and the court your case is assigned to.
Can an Aggravated Assault Charge Be Expunged?
- Expunction (full record destruction) is available if:
- You were found not guilty at trial
- Your case was dismissed
- Non-Disclosure (record sealing) may be possible after deferred adjudication.
Why Hire Ceja Law Firm for Your Aggravated Assault Case?
- Board-Certified Criminal Defense Attorney – A recognition earned by less than 1% of Texas lawyers
- Former Prosecutor – Knows the prosecution’s tactics and how to counter them
- Extensive Trial Experience – Prepared to take your case to trial if necessary
- Proven Track Record – Numerous dismissals and favorable outcomes in aggravated assault cases
If you are facing an aggravated assault charge in Houston, you need an experienced attorney who will fight aggressively for your rights. Call Ceja Law Firm today for a FREE consultation and start building your defense.
