What is Aggravated Assault With a Deadly Weapon?
In Texas, a person commits Aggravated Assault With a Deadly Weapon by committing regular assault while using or exhibiting a deadly weapon.
A “deadly weapon” is defined as a firearm or anything that is capable of causing death or serious bodily injury. This definition includes objects that one ordinarily wouldn’t think of as weapons such as a glass bottle or a motor vehicle. The important thing is that it is capable of causing death or serious bodily injury. See: Texas Penal Code 1.07(a)(17)
“Serious bodily injury” is bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. See: Texas Penal Code 1.07(a)(46)
Aggravated Assault is defined Texas Penal Code 22.02 and is typically a second degree felony, but it is a first degree felony if it meets any one of the following conditions:
- Causes serious bodily injury and involves family violence or dating violence.
- Is committed by or against a public servant on official duty.
- Is committed in retaliation against a witness, prospective witness, informant, or someone who reported a crime.
- Is committed against an on-duty security officer.
- Is a drive-by shooting that causes serious bodily injury to any person.
Aggravated Assault With a Deadly Weapon appears on the docket for the Travis County Criminal District Courts as “AGG ASSAULT W/DEADLY WEAPON”.
Texas “3g” Offenses
Under Article 42.12, Section 3g of the Texas Code of Criminal Procedure, Aggravated Assault With a Deadly Weapon is grouped with the most serious offenses, like murder, sexual assault, and aggravated kidnapping. Article 42.12 prohibits a judge from granting probation to individuals convicted of 3g offenses or granting early termination to those who receive probation from a jury. Individuals who serve prison sentences for 3g offenses must also serve more of their sentences before becoming eligible for parole than inmates who are convicted of other crimes.