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What are the Penalties of Aggravated Assault in Texas?

Updated on September 3, 2021 | by Alex Smith

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A criminal act can either be a violent assault on a person or a property-related crime. Although the crime rate in the US has seen a sharp decline in recent years, the numbers on a state or local level are still high.

Houston is safer than two percent of the cities in the US. Yet, the city has witnessed a greater number of violent and aggravated assaults than the national average. 

If you are facing aggravated charges, immediately contact an experienced Houston assault lawyer.

What is an Aggravated or Violent Assault?

A violent form of assault can cause a serious level of physical damage to a person. It is a more dangerous crime than a simple threat and carries higher charges and penalties. Intentionally or unintentionally hurting a person with total disregard for human life can put you at the risk of getting charged for an aggravated assault.

Classification of Aggravated Assault

The crime rate in the US is about 47.70 per 100,000 people. Different states in the US follow the laws and regulations of the judicial system. An assault can be classified under specific criminal codes depending on the severity of the injury.

A simple assault is a misdemeanor, and an aggravated assault is a felony.

An aggravated assault can be of two types:

Intent to Commit a Murder or Felony: This violent assault is intended to kill another person.

With the Intent to Cause Lifetime Physical Damage: Assault with a dangerous weapon like a gun, knife, or metal rod can injure a person for a lifetime.

Types of Aggravated Assault and Charges in Houston

Various factors can determine the charges and penalties for an aggravated assault in Houston, Texas.

First Degree Felony

A first-degree felony is a severe crime in the Texas judicial system. Hiring a good Houston assault lawyer can help you fight a case of assault of the first degree. 

Crimes that come under the first-degree include:

  • A violent case of robbery
  • A life-threatening assault on a public servant, a government official, or security personnel using a deadly weapon
  • A violent kidnapping case that results in serious injuries
  • A case of domestic violence against a family member
  • A high degree case of child abuse
  • Physically harming a senior citizen

Charges and Penalty

The Texas Penal Code § 12.42 determines the amount of penalty.

 If you are currently charged with a first-degree felony and have a previous felony conviction, you may have to pay more money as a penalty.

It can include: 

  • Minimum imprisonment of up to 15 to 20 years
  • A maximum prison sentence of up to 99 years or life imprisonment
  • A penalty of up to $10,000

Second Degree Felony

Different types of aggravated assaults that fall under the second-degree felony are:

  • Burglary of a building
  • Intoxicated killing
  • Offensive or harmful behavior towards a child
  • Partial physical harm with a deadly weapon.

Charges and Penalty

The possible punishment for someone convicted in Houston with a felony of the second degree is:

  • Imprisonment for not less than two years and not more than 20 years
  • A penalty of up to $ 10,000 

Final Words

Whether you have been charged with an aggravating assault of a first or a second degree in Texas, it is important to understand the facts surrounding the case and the possible charges. 

Researching the penal code of the jurisdiction you were charged in can help you pay the right penalty or fight a case to drop the charges.

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