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Assault with a Deadly Weapon Defense in San Marcos & Hays County

Assault with a deadly weapon in Texas is a second-degree felony carrying 2 to 20 years in state prison — and escalates to a first-degree felony against certain victims. The “deadly weapon” definition is broad and legally contestable. Self-defense, Stand Your Ground, and the Castle Doctrine are all available when the facts support them. Trial-tested defense. Former prosecutor on staff. Over 930 dismissals or rejected cases since 2021. Call 737-937-5786.

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Litigator of the Year 2023 — assault with deadly weapon defense San Marcos Hays CountyMark Hull
Expertise.com Best Criminal Defense Lawyers Hays County — ADW felony assault defenseMark Hull*
National Trial Lawyers Top 100 — deadly weapon assault defense San Marcos TexasMark Hull — 2022
Top 40 Under 40 — Allison Tisdale former prosecutor ADW defense Hays CountyAllison Tisdale — 2022
Lawyers of Distinction — deadly weapon assault defense attorney Hays County TexasMark Hull
Criminal Defense Top 10 — ADW defense San Marcos TexasMark Hull

*Based on the quality and quantity of reviews and average minimum rating for a law firm practicing criminal defense in Austin, TX researched by expertise.com

Assault with a Deadly Weapon in Texas — The Charge, the Definition, and the Defense

Assault with a deadly weapon (ADW) is charged under Texas Penal Code §22.02(a)(2) as an assault that involves the use or exhibition of a deadly weapon. “Deadly weapon” is defined under §1.07(a)(17) as either (A) a firearm or anything designed, made, or adapted to inflict death or serious bodily injury; or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. The second prong — the manner-of-use standard — means that almost any object can potentially qualify as a deadly weapon depending on how it was used. Texas courts have found deadly weapons in vehicles, knives, bottles, bats, pipes, rocks, and in some cases bare hands. The determination is fact-specific and submitted to the jury. Standard ADW is a second-degree felony: 2–20 years in TDCJ and up to a $10,000 fine.

The charge escalates to a first-degree felony under §22.02(b) when the alleged victim is a public servant performing official duties, a family or household member under Family Code §71.004, a government contractor, a security officer on duty, or a witness, informant, or prospective witness. The difference between a second and a first-degree felony is the difference between a potential 20-year sentence and a potential life sentence. We challenge both the deadly weapon designation and any 1st-degree enhancement on every ADW case.

Self-defense is the most powerful and most frequently applicable defense to an ADW charge. Texas Penal Code §9.32 allows the use of deadly force when a person reasonably believes it is immediately necessary to prevent death or serious bodily injury. Texas has no duty to retreat. The Castle Doctrine under §9.32(c) creates a presumption of reasonableness when deadly force is used in a home, vehicle, or workplace. I have tried ADW cases to verdict in Hays County courts on self-defense grounds. Call 737-937-5786 immediately.

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Assault with deadly weapon charge San Marcos — deadly weapon definition and self-defense in Hays County Texas

The Deadly Weapon Definition — Broad, but Challengeable

The deadly weapon statute has two prongs. Prong A — objects designed, made, or adapted for inflicting death or serious bodily injury — covers firearms and other purpose-made weapons. The jury question is largely straightforward. Prong B — anything capable of causing death or serious bodily injury in the manner of its use or intended use — is where most ADW defense work happens, because it applies to ordinary objects used in a way that the prosecution argues was dangerous.

Texas courts have found deadly weapons in common objects across a wide range of circumstances. A vehicle driven at a person can be a deadly weapon. A kitchen knife can be. A bottle. A baseball bat. Even a shod foot in some cases. But the finding requires more than the object being theoretically capable of harm — the manner in which the defendant used or intended to use it in the specific incident must be capable of causing death or serious bodily injury. An object that was brandished but not deployed in a manner capable of causing death or SBI may not satisfy the standard.

We challenge the deadly weapon designation under §1.07(a)(17) by focusing on the specific manner of use alleged in the case — what the object was, how it was used, and whether that specific use was actually capable of causing death or serious bodily injury under the evidence. The deadly weapon finding matters not just for the felony level but also because it can affect parole eligibility: an affirmative deadly weapon finding requires serving half the sentence before becoming eligible for parole under certain provisions.

ADW Penalties in Texas — Every Charge Level

The charge level, penalty range, and key defense angles for every version of assault with a deadly weapon in Texas.

ChargeClassPrison / FineKey Defense Angle
ADW — Standard§22.02(a)(2) — use or exhibition of deadly weapon2nd Degree Felony2–20 years TDCJ • $10,000Deadly weapon definition — manner of use
ADW — vs. Public Servant / Govt. Employee§22.02(b)(1) — victim performing official duty1st Degree Felony5–99 years or life • $10,000Was victim performing official duty?
ADW — vs. Family / Household Member§22.02(b)(1) + Family Code §71.0041st Degree Felony5–99 years or life • $10,000Domestic relationship + FV finding + gun ban
ADW — vs. Security Officer / Witness / Informant§22.02(b)(1)(C)–(E)1st Degree Felony5–99 years or life • $10,000Victim’s official status at time of incident
Affirmative Deadly Weapon FindingTexas Code of Criminal Procedure Art. 42A.054Parole ImpactMust serve ½ sentence before parole eligibilityChallenge weapon finding at trial

An affirmative deadly weapon finding also affects community supervision eligibility. A defendant convicted of a felony with an affirmative weapon finding is not eligible for community supervision under certain provisions. We challenge the deadly weapon finding as a separate strategic objective on every ADW case.

Assault with deadly weapon defense attorneys San Marcos — self-defense Stand Your Ground Castle Doctrine Hays County

How We Defend ADW Charges in Hays County

ADW defense has three independent lines of attack. We pursue all three from day one.

01
Evaluate self-defense, Stand Your Ground, and the Castle Doctrine

Texas Penal Code §9.32 allows deadly force when a person reasonably believes it is immediately necessary to prevent death or serious bodily injury. Texas has no duty to retreat — §9.31(e) explicitly provides that a person is not required to retreat before using force if they are lawfully present. The Castle Doctrine under §9.32(c) creates a presumption of reasonableness in a home, vehicle, or workplace. Self-defense to an ADW charge is a complete defense when established.

02
Challenge the deadly weapon designation

We evaluate whether the object alleged to be a deadly weapon actually satisfies the §1.07(a)(17)(B) manner-of-use standard. Was it used in a manner capable of causing death or serious bodily injury? The specific evidence — witnesses, video, the nature of the contact — determines whether the weapon finding holds up. We challenge it at trial and through pre-trial motions when the evidence supports the challenge.

03
Attack the 1st-degree enhancement

If the prosecution seeks to elevate the charge to a first-degree felony, we scrutinize every element of the enhancement. Was the alleged victim actually a public servant performing official duties at the time of the incident? Does the relationship between the parties actually satisfy the Family Code §71.004 definition? Was the alleged victim actually a protected security officer or witness? We demand evidence on every element of every enhancement.

04
Evaluate the stop and arrest for constitutional violations

ADW arrests in San Marcos and Hays County frequently involve scene chaos, multiple witnesses, and officer accounts that do not match available camera footage. We pull every available video — dashcam, bodycam, business surveillance, personal cell phone recordings — and compare it against the official account before making any decision about the case direction.

05
Engage DA Kelly Higgins’s office with documented self-defense arguments

Allison Tisdale prosecuted felony assault cases before joining the defense. She knows how this office evaluates ADW files and self-defense claims, what evidence it finds compelling, and where the prosecution’s case tends to have the most exposure. Documented self-defense arguments backed by specific evidence are far more effective than general requests for consideration.

06
Take the case to trial on self-defense when the evidence supports it

Mark Hull has tried ADW cases to verdict in Hays County courts on self-defense grounds. When the facts support a self-defense claim and the jury can be shown what actually happened, we prepare for trial rather than accept a felony conviction.

ADW Defense Credentials — 20+ Years, Tried in Hays County

Mark Hull has 20+ years of Texas criminal defense experience and has tried assault with a deadly weapon cases to verdict in Hays County courts, including cases where self-defense and the Castle Doctrine were the central issues before the jury.

Allison Tisdale prosecuted felony assault cases including ADW charges as a Texas state prosecutor before joining the defense. She knows how DA Kelly Higgins’s office evaluates its ADW files — the self-defense claim, the deadly weapon evidence, and the enhancement elements. We carry a 5.0 rating across 363 Google reviews and have achieved Over 930 dismissals or rejected cases since 2021 across Central Texas courts, including felony assault cases in Hays County District Courts.

◆ Trial-Tested Criminal Defense

20+ years of Texas criminal defense experience. Hays, Travis, Williamson, and Caldwell county courts. Mark Hull.

◆ Former State Prosecutor on Staff

Allison Tisdale prosecuted criminal cases in Texas courts before joining the defense. She knows how DA Kelly Higgins’s office builds these cases — and where they fall apart.

◆ Tried Cases to Verdict in Hays County

When the evidence supports going to trial, we go. Most defense attorneys in this area don’t. That changes how the prosecution evaluates every case at every prior stage.

◆ Over 930 dismissals or rejected cases since 2021

Hays County, Travis County, Williamson County — assault, DWI, drug, felony and misdemeanor charges of all levels.

Over 930dismissal or rejected cases since 2021
5.0Google Rating (363 Reviews)
20+Years in Hays County Courts

Assault with Deadly Weapon FAQ — Hays County & San Marcos

What clients ask most about ADW charges in Texas — answered with specific statute citations and Hays County court details.

Assault with a deadly weapon is charged under Penal Code §22.02(a)(2) as a simple assault that involves the use or exhibition of a deadly weapon. Under §1.07(a)(17), a deadly weapon is either a firearm or anything designed, made, or adapted to inflict death or serious bodily injury (Prong A), or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury (Prong B). Standard ADW is a second-degree felony: 2–20 years in TDCJ and up to a $10,000 fine. It escalates to a first-degree felony against certain protected victims.

Under Penal Code §1.07(a)(17), a deadly weapon is (A) a firearm or anything designed, made, or adapted to inflict death or serious bodily injury — which covers purpose-built weapons — or (B) anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Prong B is the contested one. Texas courts have found deadly weapon status in vehicles, knives, bottles, bats, and other objects based on the specific manner of their use. The determination is fact-specific and decided by the jury. We challenge the deadly weapon designation under Prong B whenever the manner of use does not clearly satisfy the capability standard.

Yes — self-defense is a complete defense to ADW when established. Penal Code §9.32 allows the use of deadly force when a person reasonably believes it is immediately necessary to prevent the other person from committing murder, causing death, or causing serious bodily injury. Texas has no duty to retreat. Section §9.31(e) explicitly provides that a person is not required to retreat before using force if they are lawfully present at the location. The Castle Doctrine under §9.32(c) creates a presumption of reasonableness when deadly force is used in a home, vehicle, or workplace. We evaluate self-defense applicability on every ADW case before making any other recommendation.

The Castle Doctrine under Penal Code §9.32(c) provides that a person is presumed to have reasonably believed deadly force was immediately necessary if the person against whom it was used was in the process of unlawfully and with force entering or attempting to enter the actor’s home, occupied vehicle, or place of business, or was in the process of removing the actor from any of those places by force. The Castle Doctrine creates a presumption of reasonableness — it shifts the burden to the prosecution to rebut the presumption beyond a reasonable doubt. In home defense and vehicle defense situations, this is often the most powerful element of the self-defense argument.

Texas does not have a specific ‘Stand Your Ground’ statute, but it achieves the same result through Penal Code §9.31(e): a person who has a right to be present at a location is not required to retreat before using force against another in self-defense. Texas has never had a duty to retreat in self-defense situations. This means that unlike some other states, a Texas defendant cannot be criticized at trial for failing to run away before defending themselves when they were lawfully present.

Standard ADW under §22.02(a)(2) is a second-degree felony: 2–20 years in TDCJ and up to a $10,000 fine. The charge elevates to a first-degree felony under §22.02(b) when the alleged victim is a public servant performing official duties, a family or household member under Family Code §71.004, a government contractor or employee performing official duties, a security officer performing official duties, or a witness, informant, or prospective witness in a legal proceeding. A first-degree felony carries 5–99 years or life in TDCJ. We challenge every element of a 1st-degree enhancement, including whether the victim’s status actually satisfies the statutory requirements.

An affirmative deadly weapon finding entered by the judge or jury has parole consequences separate from the criminal sentence. Under Texas Code of Criminal Procedure Art. 42A.054, a defendant convicted of a felony with an affirmative deadly weapon finding must serve at least half of the imposed sentence before becoming eligible for parole, compared to the standard one-quarter eligibility under most felony sentences. We challenge the deadly weapon finding at trial as a distinct objective — not just as part of the charge defense, but specifically because of its independent parole impact.

Call 737-937-5786 the day of the arrest. Do not make statements to law enforcement. A self-defense claim is strengthened by prompt evidence collection — any injuries you sustained, witness contact information, surveillance footage from nearby businesses, and your account of what happened before law enforcement arrived. The prosecution begins building its file immediately. We need to build the defense record just as quickly. An ADW charge in Hays County goes to the District Courts — this is a serious felony case that requires experienced trial counsel from the first day.

Criminal Defense Resources — San Marcos & Hays County

Related pages covering criminal defense charges in San Marcos and Hays County.

Assault Defense Hub

All assault charge types in Hays County — charge spectrum from Class C to first-degree felony.

Aggravated Assault

Serious bodily injury, deadly weapon, self-defense, and Castle Doctrine — full aggravated assault defense.

Simple Assault

Class A misdemeanor assault — penalties, family violence findings, and self-defense.

Family Violence Defense

Family violence finding, Lautenberg Amendment, and protective order defense in Hays County.

Criminal Defense San Marcos

Full criminal defense hub — all charge types in Hays County courts.

Expungement San Marcos

Clearing dismissed charges from your record under Texas Chapter 55.

Hays County Courts Guide

Guide to the Hays County District Courts and what to expect on a felony assault case.

DWI Defense San Marcos

DWI defense hub — all charge types, BAC challenges, and ALR hearings.

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ADW Charge in San Marcos or Hays County? Call Us Now.

Assault with a deadly weapon is a felony carrying up to 20 years — or life if enhanced. Self-defense, Stand Your Ground, and the Castle Doctrine are all available when the facts support them. Call our San Marcos defense team at 737-937-5786 — 24 hours a day, 7 days a week.

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For educational purposes only. Not legal advice. Contact us for a free, confidential consultation specific to your case.

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