In Texas, while assault and aggravated assault are both serious criminal offenses, they carry distinct charges and therefore different legal implications. While both crimes involve causing harm or threatening harm to another person, aggravated assault is considered a more severe crime with much harsher penalties.
Understanding the difference between assault vs aggravated assault is essential for anyone who has been charged with or is concerned about assault-related crimes. If you or a loved one has been arrested for assault or aggravated assault in Laredo, San Antonio, or the surrounding areas, it is important to seek legal representation from a qualified Laredo criminal defense attorney who can help protect your rights.
Javier Guzman and the Guzman Law Firm are ready to see you through the difficult legal process to come, defend your freedom, and work toward the best possible outcome for your case. Call Guzman Law Firm today at (956) 516-7198 for a free consultation.
What distinguishes aggravated assault from simple assault?
So, what actually is the difference between assault and aggravated assault? The differences mostly lie in the damage done to the victim, but there are other ways that an assault charge can be aggravated. According to Texas law, the difference between assault and aggravated assault is as follows:
- Simple assault: Under Texas Penal Code Section 22.01, a simple assault occurs when a person intentionally, knowingly, or recklessly causes bodily injury to another person, threatens someone with imminent bodily harm, or causes physical contact with another person without their consent. Simple assault can be charged as a Class A misdemeanor if the assault results in bodily injury or threats of harm.
- Aggravated assault: Aggravated assault, on the other hand, is a more serious offense. According to Texas Penal Code Section 22.02, an aggravated assault occurs when an individual commits a simple assault but with additional aggravating factors, such as causing serious bodily injury or using a deadly weapon during the assault. Serious bodily injury can include injuries that cause a significant risk of death or permanent disfigurement. Aggravated assault can also apply when the victim is a member of a protected class, like a public servant or law enforcement officer.
The key distinction is generally the severity of the injury, whether the victim was a member of a protected class, and whether or not a weapon was used. While a simple assault might result in minor injuries or a threat of harm, aggravated assault involves more serious harm or a higher degree of danger to the victim.
Is aggravated assault a felony?
Yes, aggravated assault is always a felony offense in Texas, usually classified as a second-degree felony. If convicted of aggravated assault, the penalties are much more severe than those for simple assault.
- Second-degree felony: A second-degree felony charge for aggravated assault can result in a prison sentence ranging from 2 to 20 years. Additionally, a fine of up to $10,000 may be imposed.
- First-degree felony: If the aggravated assault involves specific aggravating factors, such as the assault of a police officer or other law enforcement personnel, it may be elevated to a first-degree felony, which carries even more serious penalties. First-degree felony convictions can lead to 5 to 99 years in prison and fines up to $10,000.
The significant penalties associated with aggravated assault underscore the seriousness of these charges, and highlight the importance of seeking experienced legal counsel to defend yourself against them.
Assault charges, fines, and sentencing
What is the lowest charge of assault in Texas? If you’re facing assault charges in Texas, you’re likely wondering if you’ll be facing charges for simple assault or more severe assault charges, as the potential legal consequences and penalties can vary widely. Texas law differentiates between various levels of assault, with each having its own set of penalties and possible sentences:
| Charge | Level | Sentence | Fines |
| Simple assault (causing bodily injury) | Class A misdemeanor | Up to 1 year in jail | Up to $4,000 |
| Assault (threatening harm or contact without consent) | Class C misdemeanor | Fine up to $500 | Up to $500 |
| Aggravated assault (with serious bodily injury or deadly weapon) | Second-degree felony | 2 to 20 years in prison | Up to $10,000 |
| Aggravated assault (against a law enforcement officer or public servant) | First-degree felony | 5 to 99 years in prison | Up to $10,000 |
As the table shows, the penalties for aggravated assault are far more severe than those for simple assault. If convicted of a second-degree or first-degree felony for aggravated assault, a defendant could face significant prison time and substantial fines.
Aggravated assault vs battery
Many people confuse the term “battery” with assault, but they are not the same, at least not in Texas law. In Texas, the crime of battery does not exist as a separate offense, as it does in some other states; instead, Texas law categorizes any unwanted physical contact or injury to another person under the broader term “assault.”
While battery is not a distinct offense in Texas, the conduct that would be classified as battery in other states would generally fall under the category of simple assault or assault causing bodily injury in Texas. However, this charge would not carry the elevated penalties associated with aggravated assault unless aggravating factors, such as the use of a weapon or serious injury, were present.
In short, the difference between assault and battery in other states is that battery involves the physical act of hitting or otherwise harming someone, but battery falls under the “assault” umbrella in Texas.
Aggravated assault vs assault with a deadly weapon
In Texas, assault with a deadly weapon is a form of aggravated assault, but it specifically involves the use of a weapon, such as a gun, knife, or any object that could cause death or serious injury. If someone uses a deadly weapon in an assault, the charges are automatically upgraded to aggravated assault. If serious injury is not inflicted, the charges may still involve the use of the weapon, but the potential sentence could vary.
The main distinction is that assault with a deadly weapon refers specifically to the use of a weapon in the commission of an assault, while aggravated assault can also include cases where serious bodily injury is inflicted without a weapon.
Learn more about what misdemeanors prohibit gun ownership in Texas
Arrested for assault? Choose Guzman as your assault defense attorney.
Facing charges for assault or aggravated assault can be a life-altering experience. Texas law treats these offenses very seriously, and the consequences of a conviction can be severe, including lengthy prison sentences, hefty fines, and a permanent criminal record. If you or a loved one has been arrested for assault or aggravated assault in the San Antonio or Laredo areas, it’s critical to have an experienced criminal defense attorney on your side.
Javier Guzman understands the difference between assault vs aggravated assault charges and is committed to providing aggressive legal representation. Our firm will work tirelessly to protect your rights, explore all potential defense strategies, and pursue the best possible outcome for your case.
Contact Guzman Law Firm today for a consultation if you have been arrested or charged with assault or aggravated assault in Texas. Let us help you navigate the legal system and work toward a brighter future.
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