Aggravated assault is governed by Texas Penal Code 22.02. This charge is often trumped up by law enforcement from a simple assault charge. However, sometimes because of the injuries sustained by the victim, such a charge can be warranted. Typically aggravated assaults are charged as 2nd degree felonies, but they can be charged as 1st degree. Another generality with this charge is that it often involves a weapon of some kind like a gun, knife, brass knuckles or club of some sort.
Aggravated assaults are not only limited to weapons, but have been extended to cars as well. A car can and has been considered a deadly weapon. Regardless of what was used, you need help!
The issue with aggravated assault trials is that the prosecutor often doesn’t look at the whole picture. He only sees that an assault occurred, a weapon was involved and that the victim was seriously injured. You need a criminal defense attorney who can effectively explain the surrounding circumstances. For example, was the gun involved because you were carrying it to protect yourself in a high crime area? Was the bat that was used in your car because you play baseball after work? Or were you simply trying to get away from being assaulted yourself and had no other choice.
Remember, the prosecutor has to prove that you intentionally or recklessly did this action, and it was not just an unforeseen result of something happening by mistake. Whatever the reason, you need an experienced criminal defense legal team to clear your name. You can trust The Báez Law Firm!