Aggravated Assault in Texas — What the Statute Requires and Where the Defense Lives
Aggravated assault under Penal Code §22.02 elevates simple assault to a felony through one of two aggravating factors: the assault caused serious bodily injury, or a deadly weapon was used or exhibited during the assault. Simple assault with either aggravating factor present becomes aggravated assault — a minimum second-degree felony carrying 2 to 20 years in TDCJ and a $10,000 fine. The charge is heard in the Bexar County District Courts at the Cadena-Reeves Justice Center. No deferred adjudication is available for aggravated assault under Texas law. A conviction is permanent and creates a felony record with all the collateral consequences a Texas felony carries.
The defense lives in the definitions. “Serious bodily injury” under Penal Code §1.07(a)(46) means injury that creates a substantial risk of death, permanent disfigurement, or protracted loss or impairment of any body part or organ. A broken bone that heals completely may not meet this standard. A laceration that heals without permanent effect may not meet it. A concussion without lasting neurological impact may not meet it. The prosecution’s medical evidence, the treating physician’s notes, and the actual outcome of the injury are all specifically challengeable against the statutory definition.
“Deadly weapon” under Penal Code §1.07(a)(17)(B) includes anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This definition is intentionally broad — courts have found cars, boots, belts, and even bare hands to qualify in certain circumstances. But “capable of causing” in the manner actually used is the operative phrase. Whether the specific item was used in a manner that made it capable of causing death or SBI is a fact question we challenge with the specific evidence. Call 210-692-4913 the day of the arrest.
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