In Texas, a person commits Aggravated Assault With a Deadly Weapon by committing regular assault while using and exhibiting a deadly weapon.
A "deadly weapon" is defined as a firearm or anything that is capable of causing death or serious bodily injury. It can include objects that one ordinarily wouldn't think of as weapons, such as a fist or a motor vehicle.
"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.
Aggravated Assault is defined in the Texas Penal Code under Chapter 22.02 and is typically a second degree felony but it is a first degree felony if it meets one of the following conditions:
- Causes serious bodily injury to a family member.
- 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.