Aggravated Assault Defense in Austin — Travis County District Courts
Aggravated assault is prosecuted as a felony in Travis County District Courts at 509 W. 11th Street. Under Texas Penal Code §22.02, the charge applies when an assault causes serious bodily injury or involves a deadly weapon. A second-degree felony carries 2 to 20 years in TDCJ and a $10,000 fine. A first-degree felony — which applies when the victim is a family member or public servant, or a deadly weapon caused serious bodily injury — carries 5 to 99 years or life. A deadly weapon finding on the judgment means you must serve at least half the sentence before parole eligibility.
I have been defending felony assault cases in Austin for over 20 years. Allison Tisdale prosecuted felony assault cases in Travis County before switching to defense. We know how the Travis County DA evaluates evidence, what arguments move cases, and where the charge elevation can be attacked. Pre-indictment intervention — engaging the DA’s office before the grand jury presentation — is often the most impactful window available in any aggravated assault case.
The full assault defense overview covers all charge levels. This page focuses specifically on the felony elements, the deadly weapon issue, and the defense strategy for aggravated assault in Travis County.
Aggravated Assault Charge Structure in Texas
| Charge | Level | Prison Range | Max Fine |
|---|---|---|---|
| Assault causing serious bodily injury | 2nd Degree Felony | 2–20 years | $10,000 |
| Assault using or exhibiting a deadly weapon | 2nd Degree Felony | 2–20 years | $10,000 |
| Agg. assault against family member / public servant / deadly weapon + SBI | 1st Degree Felony | 5–99 years or Life | $10,000 |
A deadly weapon finding requires serving at least 50% of the sentence before parole eligibility under Texas Government Code §508.145. A family violence finding adds a permanent federal firearm prohibition under 18 U.S.C. §922(g)(9).
Defense Strategy — How We Attack Aggravated Assault Charges
Aggravated assault has two elevating elements the prosecution must prove beyond a reasonable doubt: serious bodily injury or deadly weapon use. Both can be attacked directly:
Challenge whether the injury meets the legal definition of serious bodily injury under §1.07(a)(46).
Challenge whether the item qualifies as a deadly weapon in the manner it was actually used.
Build a self-defense record — Texas has no duty to retreat.
Suppress evidence obtained through unlawful searches or seizures.
Challenge inconsistencies between witness statements, reports, and body cam footage.
Intervene before the grand jury presentation to stop the charge from being elevated.
Related Austin Assault Defense Pages
Austin Assault Defense Overview
Full charge table and defense strategies across all assault levels from Class C misdemeanor to first-degree felony.
Assault Overview → Class A MisdemeanorSimple Assault Defense
When no weapon and no serious injury are involved, the charge stays at misdemeanor level. This page covers the Class A, B, and C misdemeanor structure.
Simple Assault Defense → 2nd Degree Felony — No Deferred AdjudicationAssault with Deadly Weapon
When a weapon is the basis for the charge elevation — rather than serious bodily injury — the case has its own distinct legal issues and defense approaches.
Assault with Deadly Weapon → Felony + Family Violence DesignationFamily Violence & Domestic Assault
When aggravated assault occurs between family members, both the criminal charge and the family violence designation require a layered defense response.
Family Violence Defense →- ✓ Payment Plans Available
- ✓ Austin Office — 1004 West Ave, Austin, TX 78701
- ✓ Affordable Fees
- ✓ Award-Winning Firm
Felony Defense. Dismissal First.
Past outcomes do not guarantee future results. Every case is evaluated on its individual facts.