In Texas, aggravated assault is defined as when an individual intentionally, knowingly, or recklessly causes a serious bodily injury to another person or uses a deadly weapon in the course of committing an assault. If a person uses a baseball bat to hit someone and causes a serious injury, like a broken arm, then that would be considered an aggravated assault.
Aggravated assault is going to be a felony, which means the accused is looking at imprisonment, or fines, or both. This is why it is essential for someone charged with aggravated assault to contact a Denton aggravated assault lawyer. An experienced assault attorney could work tirelessly to ensure that you are getting the defense you need.
Defining Bodily Injury
A serious bodily injury is an injury that is a danger to a person’s life, health, or limb. The definition of a bodily injury is muddy and some courts will also include disfigurement. Other injuries that can be defined as a serious bodily injury are the loss or impairment of the function of a bodily member and the loss or impairment of an organ.
If someone suffers a bruise in an assault, the court will more than likely not consider it as a serious bodily injury, however, a broken bone or serious cut will result in an aggravated assault charge. The prosecution team has to decide if the injury the defendant allegedly caused is serious enough to warrant a felony charge.
Penalties for Aggravated Assault
An aggravated assault offense often results in a first-degree or second-degree felony charge, depending on the circumstances. Usually, aggravated assault is charged as a second-degree felony right away but if the person committed assault on a public servant or family member, then the charge could be elevated to a first-degree felony.
A second-degree felony is going to carry a possible prison sentence of two to 20 years and a fine of up to $10,000. Someone charged with a first-degree felony is looking at five to 99 years imprisonment and a fine of up to $10,000.
Due to the seriousness of aggravated assault charges, it is imperative for the defendant to contact a Denton aggravated assault lawyer as soon as possible. The attorney can get to work immediately on a defense that could help the accused get their charges mitigated or even dropped.
How a Denton Aggravated Assault Attorney Can Help
Someone convicted of felony aggravated assault not only has to deal with a possible fine and imprisonment, they also have to face the other consequences of a felony. A felony conviction could take many rights away from the individual such as owning a firearm and voting. People convicted of aggravated assault will also face challenges when it comes to finding employment. A felony offense on a person’s permanent record may cause any further arrests to be upgraded to a higher charge.
The long-term consequences of an aggravated assault could cause many issues for the individual for the rest of their lives. This is why it is imperative to contact a seasoned Denton aggravated assault lawyer who could stand by your side during the legal process. Call today to schedule a consultation.