Aggravated Assault Laws In Texas

Aggravated mayhem

Aggravated assault Laws

A prosecutor in Texas can charge an individual with misdemeanor or felony, depending on the seriousness of the crime committed. What makes an aggravated assault different from a simple assault, is that it involves causing bodily harm to, or physically attacking, the victim. For an assault to be considered as an aggravated mayhem, the victim should be deprived of any body part, or have one rendered useless by the assault.

Aggravated assault:

In Texas, aggravated assault is said to take place when an individual either commits severe injury to another person, or when they threaten an assault using a deadly weapon. Thus, it is different from aggravated mayhem, because a person does not have to actually harm another to be charged of second degree aggravated assault. So, by this definition, under Texas law you can be charged for aggravated assault, if you cause serious bodily harm to another person, or even if you simply threaten them at gun point and assault them physically.


The penalty for a second degree felony of aggravated assault varies from case to case. Sentences may be from 2 up to 20 years. The defendant can also be asked to pay up to $10,000 as fine. Depending on each case, the penalty may either be a fine alone or it can be charged in addition to the prison sentence.

First degree vs. Second degree:

Whether or not, an aggravated assault charge can be considered to be a first degree felony will depend on the role of the plaintiff. First degree aggravated assault is charged if the crime is committed during a domestic violence dispute and more intense charges if the victim is a witness to the crime, an informant, a public official or a security guard. If found guilty of first degree aggravated assault, the defendant can face a five year sentence.


Affirmative defense

Second degree felony aggravated assault

A defendant can plead guilty, not guilty, or no contest when charged with second degree felony aggravated assault. However the state has to prove beyond a reasonable doubt that you committed the crime. The state permits you to use affirmative defenses if you did commit the crime. If you assaulted the victim as self defense, or in order to prevent them from stealing your property, then you can use an affirmative defense. You will be required to admit to committing the crime while availing an affirmative defense.

These are some aspects of the laws against aggravated assault in Texas. Go through advanced legal resources to know more about this topic.