In limited circumstances, hands or feet may qualify as deadly weapons when evidence shows the manner of use was capable of causing serious bodily injury. These cases typically involve factors like significant size disparities, victim vulnerability, or attack methods that courts determine presented a genuine danger of serious harm, and self-defense in aggravated assault cases often becomes a central issue when defendants argue they acted to protect themselves from an immediate threat.
By Nathaniel Pitoniak on December 13th, 2025 in Criminal Defense
An aggravated assault with a deadly weapon charge in Texas brings immediate consequences that may affect your freedom, immigration status, and future, which is why speaking with a Houston criminal lawyer as early as possible can be critical. This second-degree felony under Texas Penal Code Section 22.02 carries prison time ranging from two to twenty years and fines up to $10,000. Understanding your legal options now may determine whether you face conviction or achieve a better outcome.
The Law Office of Nathaniel Pitoniak defends people accused of aggravated assault with a deadly weapon in Houston and throughout Harris County. Nathaniel Pitoniak handles cases involving self-defense claims, mental health issues, family violence allegations, and immigration implications. Early representation sometimes prevents charges from being filed or leads to dismissal, reduction, or alternative resolutions.
Key Takeaways for Aggravated Assault With a Deadly Weapon Charges
- Texas law defines “deadly weapon” broadly to include firearms, knives, vehicles, and any object used or intended to cause death or serious bodily injury.
- Pre-arrest legal representation may prevent charges from being filed by influencing the investigation narrative and presenting evidence to prosecutors.
- Mental health conditions, including undiagnosed illnesses, may affect competency to stand trial—the legal ability to understand proceedings and assist in defense—and lead to treatment-focused alternatives instead of incarceration.
- Non-citizens may face deportation, removal, or denial of naturalization for aggravated assault convictions under federal immigration law.
- People who are under investigation benefit from exercising their Fifth Amendment right to remain silent without a criminal defense lawyer present.
What Texas Law Defines as Aggravated Assault With a Deadly Weapon
Texas Penal Code Section 22.02 defines aggravated assault as causing serious bodily injury to another person or using or exhibiting a deadly weapon during an assault. The statute elevates a simple assault to a felony when a deadly weapon is involved, regardless of whether anyone suffered injury.
How Texas Courts Interpret “Deadly Weapon”
Texas courts interpret “deadly weapon” expansively. Firearms and knives obviously qualify, but prosecutors may charge aggravated assault involving vehicles, baseball bats, broken bottles, and other objects.
The “exhibition” element creates prosecution opportunities even without physical contact. Brandishing a weapon during a confrontation or pointing a gun at someone—even an unloaded gun—may satisfy the deadly weapon element under Texas law.
Family Violence Enhancements
Family violence allegations add another layer when aggravated assault occurs between family members, household members, or dating partners. When courts make an affirmative finding of family violence under Texas Family Code Section 71.004, additional restrictions apply to bond conditions, firearms possession, and plea negotiations. These enhancements make early legal intervention important in domestic cases.
Penalties for Aggravated Assault With a Deadly Weapon in Texas
Aggravated assault with a deadly weapon is typically a second-degree felony in Texas. The statute provides for two to twenty years in prison and fines up to $10,000.
Conviction may result in a permanent criminal record, which can affect employment, housing, and professional licensing. Federal law may prohibit firearms possession following conviction for crimes of violence or domestic violence offenses. A conviction may also result in court-ordered victim restitution, including payment for medical treatment, counseling, or property damage.
Enhanced Penalties for Specific Circumstances
The offense may be enhanced to a first-degree felony with five to ninety-nine years or life imprisonment if the victim is a family member, dating partner, household member, public servant, process server, or security officer performing official duties. First-degree enhancements also apply if the assault involves strangulation or impeding breath or blood flow, or if it is committed in retaliation for reporting a crime or acting as a witness.
The collateral consequences extend beyond prison time to affect many aspects of life after conviction.
Probation Eligibility
Probation remains possible for some aggravated assault cases. Texas law allows deferred adjudication—a form of probation that may result in dismissal upon successful completion—or regular probation instead of imprisonment when prosecutors agree and the court finds probation appropriate.
Eligibility for deferred adjudication or probation depends on specific case facts, statute, and prior record. Certain aggravated assault cases, assault to aggravated assault in Texas, especially those involving serious bodily injury to family or dating partners or the use of firearms, may be excluded by statute. A criminal defense lawyer evaluates whether your case might qualify based on these factors and the strength of the state’s evidence.
Immigration Consequences of Aggravated Assault Convictions
Aggravated assault with a deadly weapon may create severe immigration consequences for non-citizens. The U.S. Supreme Court ruled in Padilla v. Kentucky that criminal defense lawyers must inform clients about immigration implications of criminal convictions.
Federal Immigration Law Classification
Most aggravated assault with a deadly weapon convictions, especially those resulting in a sentence of at least one year, are considered aggravated felonies under immigration law. This classification triggers mandatory deportation and permanent inadmissibility.
Immigration consequences in these cases may include:
- Mandatory detention without bond during removal proceedings
- Deportation or removal from the United States
- Permanent inadmissibility barring future entry
- Denial of naturalization applications
- Ineligibility for most forms of immigration relief
These potential consequences apply to people with visas, green card holders, DACA recipients, and undocumented individuals. A conviction that resolves your criminal case favorably in state court but affects your immigration status represents a serious outcome.
The Critical Role of Mental Health in Assault Cases
Mental health issues intersect with aggravated assault charges in multiple ways. Some people who are accused of violent crimes have undiagnosed mental illnesses, including substance abuse disorder, schizophrenia, bipolar disorder, or other conditions that affect behavior and judgment.
Competency to Stand Trial
Texas Code of Criminal Procedure Article 46B addresses competency to stand trial. Competency means the legal ability to understand the proceedings and assist in one’s defense.
A defendant may lack competency when unable to understand the proceedings or assist counsel due to mental illness, intellectual disability, or psychological conditions. When competency questions arise, the court must suspend proceedings and order an evaluation.
Treatment as an Alternative
Competency proceedings may lead to treatment instead of incarceration. Prosecution and courts sometimes accept mental health treatment programs, medication management, and therapeutic intervention rather than traditional sentences when a defendant’s mental health contributed to the alleged offense.
This outcome requires a lawyer who recognizes mental health defenses and advocates effectively for treatment-focused alternatives.
Mental Health Affects Intent and Culpability
Mental health also affects culpability and intent elements that the state must prove. Certain mental illnesses affect the ability to form specific intent or understand the nature of one’s actions.
An experienced criminal defense attorney investigates mental health history, obtains evaluations from qualified professionals, and presents this evidence to prosecutors and judges.
Self-Defense and Defense of Others Under Texas Law
Texas Penal Code Section 9.31 permits the use of force, including deadly force, when a person reasonably believes force is immediately necessary to protect against another’s use or attempted use of unlawful force. Self-defense represents a complete defense to aggravated assault charges when properly established.
Texas “Stand Your Ground” Protection
The law protects people who defend themselves, their families, and even strangers from unlawful violence. Section 9.32 specifically addresses deadly force, allowing its use when a person reasonably believes deadly force is immediately necessary to protect against another’s use or attempted use of deadly force.
Texas follows the “stand your ground” principle—a legal doctrine providing that people have no duty to retreat before using force in self-defense when they have a legal right to be present at the location. This protection applies in your home, vehicle, workplace, and public spaces where you’re lawfully present.
Establishing Self-Defense
Self-defense claims require a reasonable belief that force was necessary. Prosecutors and courts evaluate what a reasonable person in similar circumstances would have believed.
Evidence of the other person’s aggressive actions, prior violence, threats, size advantage, or weapons possession may support self-defense arguments. A criminal defense lawyer investigates and presents evidence establishing self-defense through witness statements, physical evidence from the scene, medical records, surveillance footage, and expert testimony.
What to Do When Police Want Your Statement
People who are under investigation benefit from exercising their Fifth Amendment right to remain silent. The Fifth Amendment to the U.S. Constitution protects your right against self-incrimination.
Police interviews aim to gather evidence, and statements may later be used in court. Even truthful statements about self-defense or accidental contact may provide evidence supporting elements of an offense.
Pre-Arrest Police Contact
Officers may contact individuals before arrest when investigating an aggravated assault allegation. They might call requesting an interview, appear at your home or workplace, or approach you in public.
Investigators sometimes explain that providing your side of the story will help clarify the situation. However, individuals under investigation have the right to decline interviews and consult with counsel first.
Invoking Your Rights
People contacted by police may politely decline to answer questions and immediately contact a criminal defense attorney. A common response is: “I’m invoking my right to remain silent and want to speak with my lawyer.”
Individuals need not explain, justify, or provide context. If police make an arrest, do not resist. Resisting arrest creates additional charges and escalates situations. Individuals may comply with lawful arrest procedures while continuing to assert the right to remain silent and request an attorney.
How Pre-Arrest Representation Works
Engaging a criminal defense lawyer before arrest provides certain advantages. Law enforcement builds cases through witness interviews, evidence collection, and prosecutor consultation. A lawyer’s involvement during this investigative phase sometimes influences outcomes, and kind of lawyer do I need for situations like this often comes down to choosing someone who can intervene early and communicate directly with investigators.
Pre-Arrest Legal Services
Pre-arrest representation allows an attorney to:
- Guide how individuals interact with police to avoid unintended self-incrimination
- Present evidence and legal arguments to prosecutors before charging decisions are made
- Provide context to prosecutors that might not otherwise be available
- Identify weaknesses in the state’s case that may affect prosecution decisions
Some people navigate the pre-arrest phase alone, unaware of the complexities involved or the long-term consequences of their statements and actions. By the time formal charges are filed, prosecutors have already invested resources in the case.
Early intervention, before that commitment solidifies, sometimes creates different opportunities for resolution. The Law Office of Nathaniel Pitoniak works to achieve favorable outcomes when clients contact the firm upon learning about an investigation or police contact.
FAQ for Aggravated Assault With a Deadly Weapon Charges
Is Aggravated Assault With a Deadly Weapon Considered a Crime of Violence Under Federal Law?
Federal law may classify certain aggravated assault convictions as crimes of violence depending on the specific statute of conviction and circumstances. This classification affects firearms rights under federal law and immigration consequences for non-citizens. Courts analyze whether the offense involves the use of physical force or the substantial risk of physical force against another person under federal definitions.
Will I Receive Bond in an Aggravated Assault Case?
Bond availability depends on several factors, including criminal history, flight risk, community ties, and whether family violence findings apply. Texas law allows bond in most second-degree felony cases, though courts may impose conditions like GPS monitoring, no-contact orders, or weapon surrender. First-degree felony enhancements or certain victim classifications may affect bond eligibility, and concealed weapons offenses can also influence how a judge views risk and appropriate bond conditions. Judges consider public safety and the likelihood of court appearance when setting bond.
What Happens at a Harris County Grand Jury?
A Harris County grand jury reviews evidence to determine whether probable cause exists to indict someone for a felony offense. Prosecutors present evidence, but defense attorneys may also present evidence and argument. Grand juries consist of twelve citizens who hear multiple cases. Nine votes are required for indictment. If the grand jury finds insufficient evidence, they return a no-bill and charges are dismissed.
Can an Alleged Victim Drop Aggravated Assault Charges?
Prosecutors make charging decisions, not alleged victims. Once the state files charges, prosecutors control whether to proceed, dismiss, or reduce the case. While alleged victim cooperation affects prosecution decisions, the state may proceed without victim cooperation using other evidence like police reports, 911 calls, medical records, or witness statements. Victim input matters, but prosecutors evaluate the strength of evidence and public safety considerations.
What If the Weapon Was Never Recovered?
Prosecutors may pursue aggravated assault charges without recovering the weapon. Witness testimony, victim statements, surveillance footage, and circumstantial evidence may establish that a deadly weapon was used or exhibited during the assault. The state must prove beyond reasonable doubt that a deadly weapon was involved, but physical possession of the weapon is not required for conviction under Texas law.
Protect Your Rights Through Early Action
Aggravated assault with a deadly weapon charges carry serious consequences that affect freedom, immigration status, and future opportunities. The difference between conviction and dismissal—or between prison and treatment—may depend on defense strategy and timing of legal intervention.
Contact the Law Office of Nathaniel Pitoniak at (832) 315-6283 or contact the firm online for a consultation. Early representation may create opportunities for better outcomes. Don’t wait until after arrest—call now to discuss your legal options and begin building your defense.
