Is assault with a deadly weapon always a felony in Texas?

Yes. Unlike simple assault, which can be a misdemeanor, assault with a deadly weapon is always charged as a felony in Texas. This means you're facing potential state prison time and a permanent felony record that affects employment, housing, and civil rights.

Can you get probation for assault with a deadly weapon?

Sometimes, especially for first-time offenders with strong mitigating factors and skilled legal representation. However, probation isn't guaranteed and requires aggressive negotiation with prosecutors. Factors that help include lack of criminal history, self-defense claims, and weak prosecution evidence.

Can an assault with a deadly weapon charge be dropped or reduced?

Yes. Charges can be dismissed or reduced if we successfully challenge the evidence, prove self-defense, expose false allegations, or demonstrate that no deadly weapon was actually used. We've achieved dismissals and reductions in hundreds of serious felony cases.

What should I do immediately after being arrested for assault with a deadly weapon?

1. Exercise your right to remain silent 2. Request an attorney immediately 3. Do not contact the alleged victim 4. Call The Hull Firm at 512-599-9999 for 24/7 emergency legal help 5. Preserve evidence that supports your defense 6. Don't discuss your case with anyone except your lawyer.

What's the difference between assault with deadly weapon and aggravated assault?

All assault with deadly weapon cases are types of aggravated assault, but not all aggravated assault involves weapons. Aggravated assault can also be charged when serious bodily injury occurs without a weapon. Prosecutors sometimes file both charges to increase leverage.

Can I claim self-defense if I used a weapon?

Absolutely. Texas law strongly protects your right to defend yourself with reasonable force, including deadly force when facing imminent threats of death or serious bodily injury. We analyze the circumstances to prove your actions were justified under Texas Penal Code Chapter 9.

How long do assault with deadly weapon cases take in Austin?

Felony cases typically take 6-18 months to resolve, depending on complexity and whether the case goes to trial. Cases with strong defenses may resolve more quickly through dismissal or plea negotiations. The Hull Firm's local court experience often helps accelerate favorable outcomes.

What happens if the alleged victim doesn't want to press charges?

While victim cooperation makes prosecution more difficult, the District Attorney can still pursue charges based on other evidence like police reports, witness statements, or physical evidence. However, victim non-cooperation significantly strengthens your defense position.

What if I never actually used the weapon?

You can still be charged for 'exhibiting' a deadly weapon, which means displaying it in a threatening manner. However, this can be a strong defense point — we examine whether the weapon was actually exhibited threateningly or was merely present.

Can everyday objects be considered deadly weapons?

Yes, if used in a manner capable of causing death or serious bodily injury. Items like hammers, screwdrivers, or even shoes can be classified as deadly weapons depending on how they're used. We challenge inappropriate weapon classifications.

How much does an assault with deadly weapon attorney cost in Austin?

Legal fees for serious felony defense typically range from $7,500-$30,000 depending on case complexity and whether it goes to trial. We provide upfront pricing and offer payment plans when possible. The investment in experienced defense is significantly less than the lifetime consequences of a felony conviction.

What if there are also weapons charges involved?

Assault with deadly weapon charges often come with additional charges like unlawful weapon possession, especially for firearms. We handle your entire case comprehensively, using weaknesses in one charge to strengthen negotiations across all charges.

Can I get my assault with deadly weapon record expunged?

If your case is dismissed or you're found not guilty, you may qualify for expungement to completely remove the arrest from your record. Convictions cannot be expunged, but you may qualify for non-disclosure (record sealing) in very limited circumstances.

Our Case Results

#1 Goal Is A Dismissal

Charge: DWI Open Container
County: Hays
Result: Dismissed 8/31/2023

Charge: Sexual Assault
County: Hays
Result: Dismissed 9/25/2023

Charge: Assault BI – FV
County: Williamson
Result: Dismissed 11/13/2023

Charge: Terroristic Threat
County: Travis
Result: Dismissed 12/7/2023

Charge: Reckless Driving
County: Hays
Result: Dismissed 9/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 8/29/2023

Charge: Assault BI – FV
County: Williamson
Result: Dissmissed 7/31/2023

Charge: Injury to Elderly
County: Hays
Result: Dismissed 8/21/2023

Charge: DWI
County: Williamson
Result: Dismissed 7/11/2023

Charge: Criminal Mischief
County: Travis
Result: Dismissed 3/2/2023

Charge: DWI
County: Williamson
Result: Dismissed 1/10/2023

Charge: Racing on Highway
County: Williamson
Result: Dissmissed 9/1/2022

Austin Assault with a Deadly Weapon Lawyer — Defending Serious Felony Charges

Q: How does this affect my gun rights?

A conviction results in a lifetime federal prohibition on owning or possessing firearms. This applies to all guns, including hunting rifles, and affects careers in law enforcement, security, and military service. Even probation can trigger this prohibition.

Facing Assault with a Deadly Weapon in Austin?
Your Freedom Is at Stake

#1 Goal Is A Dismissal

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Home – Criminal Defense – Assault Defense – Austin Assault with a Deadly Weapon Lawyer

#1 Goal Is Dismissal

An assault with a deadly weapon charge is among the most serious violent-crime accusations in Texas. It’s a felony, carrying potential decades in prison, heavy fines, permanent loss of civil rights, and a record that follows you for life. Prosecutors in Travis, Williamson, and Hays Counties pursue these cases aggressively and may overcharge to gain plea leverage.

At The Hull Firm, our Austin defense team includes former prosecutors who know how these cases are built—and how to dismantle them. With 700+ case dismissals, we fight to protect your rights, your record, and your future.

✅ Over 930 dismissals or rejected cases since 2021
⚖️ Experienced Former Prosecutors on Your Side
⏱️ 24/7 Jail Release & Emergency Legal Help
📍 Deep Knowledge of Austin & Travis County Courts
💬 Free Confidential Consultations
💳 Flexible Payment Plans Available to Fit Your Budget
🕰️ Over 15 Years of Criminal Defense Experience
🧾 Proven Record of Charge Reductions & Case Dismissals

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Information Center

What Qualifies as Assault with a Deadly Weapon
Examples Often Charged as Deadly Weapons
Penalties for Assault with a Deadly Weapon
How We Defend Assault with a Deadly Weapon Charges
How Prosecutors Build Their Case
Related Defense Services

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What Qualifies as Assault with a Deadly Weapon in Texas?

Under Texas Penal Code §22.02, assault with a deadly weapon is a form of aggravated assault. It occurs when someone commits assault and either:

Causes serious bodily injury, or
Uses or exhibits a deadly weapon during the assault

What Is a “Deadly Weapon”?

Per Texas Penal Code §1.07(17), a deadly weapon includes:

Firearms, or items designed/adapted to inflict death or serious injury
Any object that, in the manner of its use or intended use, can cause death or serious bodily injury

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Examples Often Charged as Deadly Weapons

Firearms; knives; bats, hammers, pipes, or rocks; vehicles used to threaten or harm; broken bottles; tools (e.g., screwdrivers, wrenches); and other everyday objects used threateningly.

Common Alleged Scenarios

Road-rage incidents involving vehicles
Bar fights using bottles, chairs, or improvised weapons
Domestic disputes with household items or knives
Self-defense encounters mischaracterized as aggression
Workplace or group altercations involving tools or firearms
Home-invasion or burglary confrontations7

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Frequently Asked Question:

Is it always a felony?

Yes. Unlike simple assault (often a misdemeanor), assault with a deadly weapon is always a felony.