Being charged with assault always comes with serious consequences, but when your charges are upgraded to aggravated assault, is especially important to protect yourself with the help of an assault lawyer in East Texas. The penalties that come with an aggravated assault conviction are very serious, and overturning a wrongful conviction is tough.
Why Might Assault Charges Be Upgraded to Aggravated Assault in Texas?
Behavior of the Accused
Under the Texas Penal Code, there are three reasons an assault charge might be upgraded to aggravated in reference to the behavior of the accused. First, if the assault caused serious harm, it’s aggravated. This would include attacks that break bones or cause a permanent disability, for instance. But even if no one was badly hurt, if the assault involved the use of a deadly weapon, then that’s the second reason it could be upgraded to aggravated. Obviously guns and knives are deadly weapons, but many other things are, too: anything that could kill another person when used incorrectly is a deadly weapon.
The third possibility for upgrading is if the assault occurred in conjunction with some other crime. In other words, if someone commits assault while also committing a robbery, then even if no deadly weapon was used and even if there was no serious bodily harm, an aggravated assault charge can still be brought.
Position of the Victim
An assault charge can also be elevated depending on who. If someone strangles a person they are dating or a family member, then aggravated assault charges are possible. Additionally, if the person who commits the assault has a previous assault conviction for family violence, and the current charge is also a family violence issue, then aggravated charges can be brought. Finally, if a person assaults a public servant or police officer, they can be charged with aggravated assault even if no deadly weapon was used.
Penalties
Contact an Assault Lawyer in East Texas
If you’re being charged with assault, and particularly aggravated assault, don’t wait to get started on your defense. Don’t assume that anyone in the prosecutor’s office is interested in telling you about your rights or helping you understand anything about how to defend yourself. They are only interested in getting a conviction. Contact Ryan Hill Attorney at Law in Longview, TX today for a free consultation and help in taking your life back.
