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At LaVine Law Firm, our Harris County aggravated assault lawyer defends individuals facing one of the most serious violent crime charges in Texas. Aggravated assault is always a felony, and it always carries the threat of years in state prison. Houston reported over 18,000 assault incidents in 2024, a 9% increase from 2023, with aggravated assaults driving much of the surge in violent crime (Houston Police Department / Houston Public Media). Across Texas, aggravated assaults accounted for 69.5% of all violent crimes in 2024, making it the most prosecuted violent offense in the state (USAFacts / FBI data). Texas classifies aggravated assault with a deadly weapon as a "3G" offense, which restricts parole eligibility and blocks judge-ordered probation after conviction.
We have secured not guilty verdicts in aggravated assault cases, including assault with a deadly weapon charges involving firearms. Our criminal defense team knows how to protect your freedom when the stakes are this high.
An arrest does not mean a conviction. The prosecution must prove every element of an aggravated assault case beyond a reasonable doubt, including intent, the level of bodily injury, and whether a weapon qualifies as "deadly" under the statute. We challenge each of these elements in every case we take. Our defense strategy starts with a full review of the facts and never relies on assumptions.
Our Houston assault defense lawyer team has earned not guilty verdicts in aggravated assault with a deadly weapon cases, including charges that involved firearms and shootings. We examine the circumstances of every incident, challenge the state's evidence, and build a defense tailored to your situation. Our firm offers free confidential consultations, affordable payment plans, and 24/7 availability. Call us at 713-965-7305 for your initial consultation.
Texas Penal Code §22.02 establishes two distinct paths to an aggravated assault charge. Each path requires different elements, and the prosecution must prove every one of them. Below, we break down both variations and what they mean for your defense.
This charge applies when a person commits assault under §22.01 and causes serious bodily injury to another person, including a spouse. The Texas Penal Code §1.07 defines serious bodily injury as injury that creates a substantial risk of death, causes death, permanent disfigurement, or protracted loss or impairment of a bodily member or organ. This is a second-degree felony that carries a sentence of 2 to 20 years in prison and a fine of up to $10,000.
Examples of serious bodily injury include broken bones, traumatic brain injuries, injuries that require surgery, extended hospitalization, and deep lacerations. The distinction from simple "bodily injury" in a misdemeanor assault case matters. Bodily injury means physical pain, illness, or impairment. Serious bodily injury reaches a higher threshold, and that threshold is what separates a Class A misdemeanor from a felony assault conviction.
This variation applies when a person commits assault while using or exhibiting a deadly weapon during the offense. The Texas Penal Code §1.07(a)(17) defines a deadly weapon as a firearm or anything designed to inflict death or serious bodily injury, or any object capable of causing death or serious bodily injury in the way it is used or intended to be used. This definition is broad. Texas courts have classified firearms, knives, vehicles, bats, and even hands in strangulation cases as deadly weapons.
This charge is also a second-degree felony. However, it does not require that a serious bodily injury actually occurred. Displaying or using the weapon during the assault is enough. A person can face aggravated assault charges even if the other person suffered only minor injuries or no injuries at all, as long as a deadly weapon was involved.
Aggravated assault starts as a second-degree felony, but several circumstances can elevate it to a first-degree felony with much harsher penalties. Understanding these enhancements is critical to building an effective defense strategy. Below, we explain what triggers the upgrade and what the 3G designation means for sentencing.
A first-degree felony carries a sentence of 5 to 99 years in prison or life, and a $10,000 fine. The following circumstances elevate an aggravated assault charge to this level:
The jump from a second-degree to a first-degree felony changes the minimum sentence from 2 years to 5 years. This single enhancement can add decades to the potential prison time a defendant faces.
Aggravated assault with a deadly weapon is a "3G" offense under the Texas Code of Criminal Procedure Article 42A.054. This designation carries severe restrictions on sentencing options. The consequences of a 3G classification include:
These restrictions make pretrial defense strategy critical. Avoiding a conviction is far more effective than hoping for leniency at sentencing. Our defense counsel focuses on challenging the state's case before it ever reaches a jury.
An effective aggravated assault defense requires challenging the specific elements prosecutors must prove: intent, the severity of injury, and the weapon classification. We approach every assault case with the goal of dismantling the prosecution's theory. Below, we outline the legal defenses we use to protect our clients.
Texas provides robust self-defense laws under Penal Code Chapter 9. Self-defense claims are among the most powerful legal defenses in aggravated assault cases. Under Texas law, a person is justified in using force when they reasonably believe it is necessary to protect themselves against another's use or attempted use of unlawful force.
Deadly force is justified when a person reasonably believes it is necessary to prevent murder, sexual assault, aggravated kidnapping, robbery, or aggravated robbery. Texas also follows a "Stand Your Ground" law, which means there is no duty to retreat before using force, even in public places. Self-defense is a complete defense. If successful, it results in acquittal. We have extensive experience raising self-defense claims in aggravated assault cases across the Harris County Criminal District Courts.
Beyond self-defense, we deploy several additional strategies to fight aggravated assault charges:
Even when a full defense is not available, skilled negotiation can reduce charges to simple assault or secure deferred adjudication through plea deals or a plea agreement. Our Houston criminal attorney team prepares every case for a jury trial while exploring every path to a favorable outcome. We handle jury selection, plea bargains, and bond conditions with equal focus and preparation. Our goal is to protect your freedom and your civil liberties at every stage of the criminal prosecution.
Simple assault involves bodily injury, assault by threat, or offensive contact and is a Class A misdemeanor in most cases. Aggravated assault requires serious bodily injury or the use of a deadly weapon:
- Simple assault (§22.01): bodily injury, assault by contact, or assault by threat; misdemeanor
- Aggravated assault (§22.02): serious bodily injury or deadly weapon; always a felony
- The felony classification means higher bond amounts, longer prison time, and a permanent Texas criminal record
Yes. A defense attorney can negotiate reduced charges, secure dismissals through evidence challenges, or pursue pretrial diversion programs. The outcome depends on the circumstances and the strength of the evidence. We review every detail of the criminal prosecution, from witness statements to body camera footage, to identify weaknesses in the state's case.
Any firearm or object capable of causing death or serious bodily injury qualifies under Texas law. Courts have classified a wide range of objects as deadly weapons:
- Firearms, knives, and bladed weapons
- Vehicles used to strike or run over someone
- Baseball bats, pipes, and blunt objects
- Hands and feet in strangulation cases
The key factor is how the object was used or intended to be used, not what the object is.
A judge cannot grant probation after conviction for this 3G offense. Only a jury can recommend community supervision if the sentence is ten years or less. This makes the defense strategy, both before and during trial, critical. Deferred adjudication remains a possibility in limited circumstances, but only before a conviction is entered. We explore every option to keep our clients out of prison.
Exercise your right to remain silent and contact a criminal defense lawyer right away. Do not give statements to a police officer, constable, deputy, or FBI agent without defense counsel present:
- Stay calm and comply with the arrest
- Do not discuss the incident with anyone except your attorney
- Contact LaVine Law Firm at 713-965-7305 for an immediate initial consultation
- Do not post about the incident on social media
A deadly weapon finding requires serving at least half of the sentence before becoming eligible for parole. This restriction applies regardless of good behavior credits earned during incarceration. For a 20-year sentence, that means at least 10 years before parole is even considered. The firearms restrictions that follow an assault conviction also limit a person's rights long after release. These consequences make early legal representation essential.
Aggravated assault is a felony with 3G restrictions that make post-conviction relief limited. The time to build a defense is now, before trial. Early intervention allows us to preserve evidence, interview witnesses, and file critical pretrial motions that can change the outcome of your assault case. Every day without legal representation puts you at greater risk.
At LaVine Law Firm, we have secured over 700 cases dismissed, including not guilty verdicts in aggravated assault with a deadly weapon cases. Super Lawyers and peer-nominated organizations in the legal community recognize our work. Attorneys certified by the Texas Board of Legal Specialization in Board Certified Criminal Law set the standard for criminal defense, and we hold ourselves to that standard in every case. We offer free confidential consultations, affordable payment plans, and 24/7 availability.
Call us at 713-489-7734 to speak with a Houston assault lawyer who will protect your freedom. We serve clients in Harris County, Houston, Fort Bend County, Montgomery County, Galveston County, and surrounding Texas communities. We also handle related criminal cases, including drug possession, controlled substance charges, sexual assault, and family violence offenses. Better Call Brian.
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