This page was written, edited, reviewed & approved by Brian LaVine following our comprehensive editorial guidelines. Brian LaVine the Founding Partner, 10+ years of legal experience as criminal defense attorney.

Austin Aggravated Assault Lawyer
by Brian LaVine / Last Updated: July 24, 2026

Aggravated assault charges in Austin can put your freedom, career, and future at risk. A conviction may lead to years in prison, steep fines, and a permanent felony record that follows you long after your case ends. When so much is on the line, you need an experienced Austin aggravated assault lawyer who will fight for you from the very beginning.

LaVine Law Firm defends clients throughout Travis County against serious felony assault charges. Our team investigates every detail, challenges the prosecution's evidence, and works tirelessly to protect your rights. 

Call 713-428-2264 today for a free confidential case evaluation.

Why Choose LaVine Law Firm for Your Austin Aggravated Assault Case?

When you are facing a felony charge that could send you to prison, the attorney you choose matters. At LaVine Law Firm, we understand what is at stake, and we are prepared to fight aggressively for your freedom, reputation, and future.

Here is why clients trust our team to defend them against aggravated assault charges:

  • Board-certified criminal defense attorneys with extensive experience handling serious felony cases throughout Texas.
  • More than 700 dismissals secured in 2025, reflecting our commitment to achieving favorable outcomes whenever possible.
  • Aggressive negotiations and trial-ready representation that show prosecutors we are prepared to take your case before a jury.
  • Thorough investigations that uncover weaknesses in the state's evidence and identify opportunities to challenge the charges.
  • Personalized defense strategies tailored to the facts of your case rather than relying on a one-size-fits-all approach.

We know how overwhelming an aggravated assault charge can feel, which is why we move quickly to protect your rights from day one. We also offer flexible payment plans to help make experienced legal representation accessible when you need it most.

Call LaVine Law Firm today at 713-428-2264 for a free confidential case evaluation.

Why You Need an Austin Aggravated Assault Lawyer Immediately

The prosecution begins building its case the moment you are arrested, so having an experienced lawyer involved early can make a significant difference. Acting quickly allows your attorney to preserve evidence, protect your rights, and challenge the state's case before it gains momentum.

Protecting Your Constitutional Rights

Police officers must follow strict constitutional procedures during every stop, search, arrest, and interrogation. We identify unlawful searches, illegal seizures, and violations of your constitutional rights, then work to suppress any evidence obtained improperly.

Challenging the Government's Evidence

The prosecution may rely on witness statements, surveillance footage, forensic evidence, and police reports to build its case. We carefully examine every piece of evidence for inconsistencies, procedural mistakes, and weaknesses that can support your defense.

Negotiating With Prosecutors

Many aggravated assault cases can be resolved without a trial through effective negotiations. We work to reduce charges, limit penalties, or pursue alternative resolutions whenever doing so serves your best interests.

Building a Strong Trial Defense

If your case proceeds to trial, we prepare thoroughly from the start. Our attorneys develop a strategic defense, prepare witnesses, challenge the prosecution's evidence, and present the strongest possible case before a judge or jury.

Time Is Critical
Get an Aggressive Defense on Your Side Today
call us now

How Can an Austin Aggravated Assault Lawyer Help?

An Austin aggravated assault lawyer protects your constitutional rights, investigates the allegations against you, and builds a defense designed to challenge the prosecution's case. 

At LaVine Law Firm, we fight to suppress illegally obtained evidence, expose weaknesses in the state's proof, negotiate favorable resolutions, and pursue the best possible outcome for your future.

What Is Aggravated Assault Under Texas Law?

Aggravated assault is a felony offense under Texas Penal Code § 22.02 that involves either causing serious bodily injury to another person or committing an assault while using or exhibiting a deadly weapon. Because these allegations involve significant injuries or dangerous weapons, Texas imposes much harsher penalties than those for simple assault.

Texas Penal Code § 22.02

Under Texas Penal Code § 22.02, a person commits aggravated assault if they:

  • Cause serious bodily injury to another person; or
  • Use or exhibit a deadly weapon while committing an assault.

Serious bodily injury generally refers to injuries that create a substantial risk of death, cause permanent disfigurement, or result in the long-term loss or impairment of a bodily function. A deadly weapon can include firearms, knives, or virtually any object capable of causing serious injury depending on how it is used.

Common Aggravated Assault Cases We Handle

Aggravated assault charges arise in many different situations, each requiring a defense strategy tailored to the facts of the case. Our experienced attorneys regularly defend clients against charges involving:

Aggravated Assault With a Deadly Weapon

Prosecutors frequently allege that a firearm, knife, vehicle, or another object was used as a deadly weapon. We examine whether the object legally qualifies as a deadly weapon and whether the evidence supports the allegation.

Aggravated Assault Causing Serious Bodily Injury

The prosecution must prove the alleged injuries meet Texas's legal definition of serious bodily injury. We review medical records and expert opinions to challenge whether that standard has actually been met.

Family Violence Aggravated Assault

When the alleged victim is a spouse, family member, household member, or dating partner, the offense may carry enhanced penalties. We carefully investigate these emotionally charged cases, where false accusations and conflicting accounts are not uncommon.

Assault Against a Public Servant

Texas law provides enhanced penalties for aggravated assaults involving police officers, firefighters, emergency personnel, and other public servants performing official duties. These cases require an aggressive defense from the outset.

Aggravated Assault Involving a Firearm

Firearm-related aggravated assault cases often receive particularly aggressive prosecution. We evaluate every aspect of the incident, including whether you acted lawfully in self-defense or defense of another.

Penalties for Aggravated Assault in Texas

The penalties for aggravated assault depend on the circumstances of the offense, including whether a deadly weapon was involved, the extent of the alleged injuries, and the identity of the alleged victim. Depending on your case, you may face:

Prison Sentences

  • Second-degree felony: 2 to 20 years in prison.
  • First-degree felony: 5 to 99 years or life imprisonment when aggravating circumstances apply.
  • Longer sentences for repeat felony offenders or cases involving enhanced penalties.

Criminal Fines

A conviction may also result in:

  • Fines of up to $10,000.
  • Court costs and other mandatory assessments.
  • Restitution if the alleged victim suffered financial losses.

Additional Criminal Consequences

An aggravated assault conviction may also lead to:

  • A permanent felony criminal record.
  • Loss of firearm rights under state and federal law.
  • Difficulty obtaining employment, housing, or professional licenses.
  • Serious immigration consequences for non-citizens.

Aggravating Factors

Texas law increases penalties when the alleged offense involves:

  • A family or household member.
  • A peace officer, public servant, security officer, or witness.
  • A deadly weapon under specific circumstances.
  • Catastrophic injuries, such as permanent paralysis.
  • Discharging a firearm from a vehicle.

Long-Term Consequences

Beyond criminal penalties, a conviction can affect nearly every part of your life, including:

  • Future employment opportunities.
  • Professional licensing and certifications.
  • Child custody or family law matters.
  • Your reputation and future sentencing if you are charged with another offense.

Evidence Commonly Used in Aggravated Assault Cases

Prosecutors rely on many different types of evidence to prove aggravated assault charges. Our attorneys carefully examine every piece of evidence to identify weaknesses and challenge the state's case.

Police Reports

Officers document their observations, witness interviews, and the circumstances surrounding the arrest. We review these reports for inconsistencies, omissions, and procedural errors.

Witness Testimony

Witnesses may provide conflicting or inaccurate accounts of what happened. We investigate each statement and challenge testimony that is unreliable or influenced by bias.

Surveillance and Body Camera Footage

Video recordings often play a significant role in aggravated assault cases. We obtain and review all available footage to determine whether it supports or contradicts the prosecution's version of events.

Medical Records

The state uses medical records to prove the alleged victim suffered serious bodily injury. We closely examine those records to determine whether they support the legal definition required for aggravated assault.

DNA and Forensic Evidence

Forensic testing must follow strict procedures to be reliable. We scrutinize how physical evidence was collected, preserved, and analyzed to uncover errors that may weaken the prosecution's case.

Cell Phone and Digital Evidence

Text messages, call logs, social media activity, and location data are increasingly used in criminal cases. We evaluate whether this evidence was lawfully obtained and whether it accurately supports the state's allegations.

Can an Aggravated Assault Charge Be Reduced or Dismissed?

Yes. Depending on the facts of your case, an aggravated assault charge may be reduced or even dismissed. 

Our attorneys look for weaknesses in the prosecution's case and pursue every available opportunity to achieve the best possible outcome.

Weak or Insufficient Evidence

The prosecution must prove every element of the offense beyond a reasonable doubt. When the evidence is weak or inconsistent, we fight for a reduction or dismissal of the charges.

Illegal Search or Seizure

Evidence obtained through an unlawful search or seizure may be excluded from court. If your constitutional rights were violated, we move to suppress improperly obtained evidence.

Credibility Issues With Witnesses

Witness testimony is not always reliable. We expose inconsistent statements, bias, and motives that may undermine the prosecution's witnesses.

Successful Plea Negotiations

When appropriate, we negotiate with prosecutors to seek reduced charges, alternative sentencing options, or other favorable resolutions that protect your future.

What Happens After an Aggravated Assault Arrest?

The criminal process begins immediately after your arrest, and understanding each stage can help you prepare for what comes next.

  1. Booking and Processing: Law enforcement records your personal information, fingerprints, photographs, and the charges filed against you before you are placed into custody or released.
  2. Bond Hearing: A judge determines whether a bond will be granted and sets the conditions of your release. Strong legal representation can help you seek reasonable bond terms.
  3. Grand Jury Proceedings: Most felony aggravated assault cases are presented to a grand jury, which decides whether sufficient evidence exists to issue an indictment.
  4. Pretrial Motions: Your attorney may file motions to suppress evidence, dismiss charges, or challenge the prosecution's case before trial begins.
  5. Trial: If your case proceeds to trial, both sides present evidence and witnesses before a judge or jury, who will determine whether the prosecution has proven the charges beyond a reasonable doubt.
Your Future Matters
call us now 713-489-7734

Contact Our Austin Aggravated Assault Lawyer for a Free Confidential Consultation

If you have been charged with aggravated assault in Austin, do not wait to protect your rights. Early intervention can make a significant difference in the outcome of your case.

At LaVine Law Firm, we fight aggressively to challenge the prosecution's evidence, protect your freedom, and pursue the best possible result. 

Call 713-428-2264 today for a free, confidential case evaluation.

Brian LaVine
owner & managing attorney
About The Author
Brian, a University of Texas at Austin graduate, earned his J.D. from South Texas College of Law in December 2014, specializing in criminal law and trial advocacy.

During law school, he was a mock trial quarterfinalist and also interned at the Harris County District Attorney's Office, gaining valuable courtroom and prosecutorial insight.

With extensive experience in misdemeanor and felony cases, Brian is dedicated to providing an aggressive defense, outworking the prosecution to achieve the best possible outcome for his clients.
What Sets Us Apart

Why Choose
lavine law firm

Free confidential consultations

Aggressive representation

Affordable payment plans

Highly rated

Track record of results

chevron-down