Facing aggravated assault charges in Texas brings serious consequences, including prison time, substantial fines, and a permanent criminal record. Understanding the penalties under Texas Penal Code Section 22.02 and available defense strategies helps you make informed decisions about your case. The severity of punishment depends on specific circumstances including weapon involvement, victim identity, and your criminal history, and a Houston criminal lawyer can evaluate how these factors apply to your situation.
By Nathaniel Pitoniak on December 15th, 2025 in Criminal Defense
The Law Office of Nathaniel Pitoniak defends people accused of aggravated assault in Houston and throughout Harris County. Nathaniel Pitoniak challenges prosecution evidence, negotiates charge reductions, and pursues alternatives to incarceration when appropriate.
Key Takeaways for Aggravated Assault Penalties
- Aggravated assault is typically a second-degree felony carrying two to twenty years in prison and fines up to $10,000 under Texas law.
- Certain circumstances elevate the offense to a first-degree felony with five to ninety-nine years or life imprisonment, including cases involving serious bodily injury to family members, dating partners, public servants, or assaults involving strangulation.
- Deferred adjudication is statutorily prohibited when deadly weapons cause serious bodily injury to family members or dating partners under Texas law.
- Mental health conditions may affect competency—the legal ability to understand proceedings and assist in defense—and sentencing outcomes.
- Early legal representation sometimes allows attorneys to present evidence to prosecutors before a grand jury indictment.
Penalties for Aggravated Assault Under Texas Law
Second-Degree Felony Sentencing
Second-degree felony conviction carries two to twenty years in prison and fines up to $10,000. The judge determines the specific sentence within this range based on case circumstances, criminal history, victim impact, and mitigating or aggravating factors.
A permanent felony conviction affects employment, housing, professional licensing, and voting rights. Federal law under 18 U.S.C. Section 922(g) prohibits firearm possession for anyone convicted of a crime punishable by over one year, including many aggravated assault convictions under Texas law.
Statute of Limitations
Texas law provides a five-year statute of limitations for aggravated assault prosecution. This means charges must be filed within five years of the offense date. This limitation period protects defendants from indefinite prosecution exposure for past conduct.
Collateral Consequences
Felony convictions create lasting consequences beyond incarceration. A permanent criminal record appears on background checks conducted by employers, landlords, and licensing boards. Professional licenses in healthcare, law, education, and finance may be suspended following conviction. Court-ordered restitution for medical expenses and property damage adds financial obligations.
What Turns Aggravated Assault Into a First-Degree Felony
Texas Penal Code Section 22.02(b) establishes numerous circumstances that enhance aggravated assault to a first-degree felony. These enhancements depend on both the victim’s identity and the specific conduct involved in the offense.
Victim Identity Enhancements
The offense becomes a first-degree felony when serious bodily injury is caused to specific protected classes. When the assault causes serious bodily injury and the victim is a family member, dating partner, or household member as defined under Texas Family Code Sections 71.0021, 71.003, and 71.005, first-degree enhancement applies.
The enhancement also applies when victims are public servants, process servers, or security officers performing official duties or targeted in retaliation for official actions. First-degree penalties also apply when the victim is someone the defendant knows is a witness, prospective witness, informant, or person reporting a crime, and the assault is committed in retaliation.
Conduct-Based Enhancements
First-degree felony enhancements apply when the assault involves strangulation or impeding breath or blood flow—intentionally blocking the nose, mouth, or throat in a manner that obstructs breathing or blood circulation. This enhancement frequently appears in family violence cases.
Recent statutory amendments effective in 2023 added specific enhancements for serious bodily injury resulting in traumatic brain injury, traumatic spinal cord injury causing persistent vegetative state, or paralysis. These severe injury outcomes trigger first-degree felony penalties under the amended statute.
Additional First-Degree Circumstances
First-degree enhancement also applies when the assault involves discharging a firearm from a motor vehicle or watercraft at a habitation, building, or vehicle and the defendant is reckless regarding whether the habitation, building, or vehicle is occupied. This addresses drive-by shootings and similar conduct, underscoring the importance of hiring a criminal defense attorney as early as possible.
First-degree felony aggravated assault carries five to ninety-nine years or life imprisonment. Fines remain capped at $10,000.
How Deadly Weapon Findings Change Sentencing
The presence of a deadly weapon significantly affects aggravated assault cases. Texas Penal Code Section 1.07 defines deadly weapon as a firearm or anything that in the manner of its use is capable of causing death or serious bodily injury.
What Qualifies as a Deadly Weapon
Firearms, knives, and clubs obviously qualify. Prosecutors also charge aggravated assault involving vehicles, baseball bats, bottles, and rocks. Courts evaluate how the object was used and whether it was capable of causing death or serious bodily injury.
Texas law criminalizes both using and exhibiting a deadly weapon during an assault. Exhibition means displaying or brandishing a weapon in a threatening manner. Pointing a gun at someone may satisfy the deadly weapon element without physical contact.
Sentencing Impact
Deadly weapon findings affect probation eligibility. Texas Code of Criminal Procedure Article 42A.054 restricts deferred adjudication—probation where courts defer finding guilt—for certain offenses involving deadly weapons, particularly when serious bodily injury to family members occurs.
Judges consider deadly weapon involvement when determining sentences. Cases involving firearms or weapons that cause serious injury typically receive harsher sentences than cases involving weapon exhibition without injury.
Probation and Deferred Adjudication Options
Not all aggravated assault convictions result in prison time. Courts consider probation and deferred adjudication as alternatives to incarceration in some circumstances, though statutory restrictions limit availability, making hiring the right criminal defense attorney an important step when seeking these outcomes.
Regular Probation
Judges may suspend prison sentences and place defendants on community supervision called probation. Probation for aggravated assault typically lasts five to ten years and includes conditions like regular reporting, community service, anger management classes, and payment of fines and restitution. First-time offenders without enhancements for possessing a weapon that causes serious injury may be considered for probation.
Deferred Adjudication Restrictions
Deferred adjudication is a form of probation where the court defers finding guilt. If the defendant successfully completes probation, the case is dismissed and no conviction occurs. However, the arrest record remains.
Texas Code of Criminal Procedure Article 42A.102 statutorily prohibits deferred adjudication when a deadly weapon is used and serious bodily injury is caused to a family member, household member, or dating partner. This restriction applies regardless of the prosecutor’s or judge’s willingness to offer deferred adjudication. Cases meeting these criteria require regular probation or imprisonment upon conviction.
Factors Affecting Eligibility
Courts evaluate criminal history, severity of injuries, weapon use, defendant’s age and employment, mental health issues, victim input, and likelihood of rehabilitation. Defense attorneys present character witnesses, employment records, mental health evaluations, and proposed supervision plans.
Strategies for Reducing Aggravated Assault Charges
Defense attorneys employ multiple strategies to reduce aggravated assault charges to lesser offenses. Each approach depends on specific case facts and available evidence.
Challenging Deadly Weapon Findings
Defense attorneys challenge whether objects used during alleged assaults qualify as deadly weapons. When prosecutors cannot prove the object was used in a manner capable of causing death or serious bodily injury, courts may dismiss weapon enhancements. This reduction may change the charge from aggravated assault to simple assault, a misdemeanor carrying up to one year in jail.
Negotiating Charge Reductions
Prosecutors sometimes agree to reduce charges based on weaknesses in the evidence. Common reductions include:
- Simple assault (Class A misdemeanor)
- Assault causing bodily injury (Class A misdemeanor)
- Deadly conduct (Class A misdemeanor or third-degree felony)
- Terroristic threat (Class A misdemeanor or third-degree felony)
These reductions substantially decrease potential punishment. Defense attorneys negotiate by presenting mitigating evidence and identifying weaknesses in the prosecution’s case.
Self-Defense Claims
Texas Penal Code Sections 9.31 and 9.32 permit the use of force when reasonably necessary to protect against another’s unlawful use of force. Self-defense represents a complete defense resulting in acquittal when properly established.
Defense attorneys investigate circumstances to determine whether self-defense applies. Evidence of the alleged victim’s aggression, threats, or prior violence supports self-defense claims.
How Mental Health Impacts Sentencing and Case Outcomes
Mental health issues intersect with aggravated assault cases in multiple ways. These conditions may affect both legal defenses and sentencing outcomes.
Competency to Stand Trial
Texas Code of Criminal Procedure Article 46B addresses competency—the legal ability to understand proceedings and assist in defense. Defendants who cannot understand charges or communicate with their attorney due to mental illness lack competency.
When competency questions arise, courts suspend proceedings and order a psychiatric evaluation. Incompetent defendants receive mental health treatment until competency is restored.
Mental Health as Mitigation
Mental illness may affect sentencing. Judges evaluate whether mental health conditions contributed to the offense and whether treatment alternatives better serve justice and public safety. Defense attorneys present psychiatric evaluations and treatment records demonstrating how mental illness affected behavior.
The Law Office of Nathaniel Pitoniak represents clients who have schizophrenia and other mental health conditions. Some people who commit violent acts have undiagnosed mental illnesses requiring treatment. Courts sometimes accept mental health treatment programs as alternatives to traditional sentencing.
Immigration Consequences of Aggravated Assault Convictions
Non-citizens face severe immigration consequences following aggravated assault convictions. Aggravated assault convictions with sentences of one year or more generally qualify as aggravated felonies under immigration law, mandating removal and providing limited relief options, which makes understanding your legal options critical early in the case.
The U.S. Supreme Court ruled in Padilla v. Kentucky that criminal defense lawyers must inform clients about immigration consequences of convictions. This constitutional requirement recognizes that immigration consequences often matter more to non-citizens than criminal penalties themselves.
Aggravated felony convictions result in removal proceedings with extremely limited relief options regardless of immigration status, length of U.S. residence, family ties, or rehabilitation. Green card holders, visa holders, DACA recipients, and undocumented individuals all face removal. Most forms of discretionary relief become unavailable following aggravated felony convictions.
Effective defense requires close collaboration with immigration counsel to pursue charge reductions or resolutions that avoid aggravated felony classification.
What to Do If Police Contact You About an Assault
Police contact during assault investigations requires careful response. Actions taken during the investigation phase may affect defense options.
Invoke Your Constitutional Rights
People contacted by police should clearly invoke their Fifth Amendment right to remain silent when questioned about assault allegations. The Fifth Amendment to the U.S. Constitution protects against self-incrimination.
State: “I’m invoking my right to remain silent and want to speak with my lawyer.” Request an attorney before speaking to police about any assault allegations.
Pre-Arrest Representation
Engaging a criminal defense lawyer before arrest provides certain advantages. Early representation may allow attorneys to present evidence to prosecutors before charging decisions and provide context about the incident. Some aggravated assault investigations are resolved before indictment when defense attorneys present evidence during the investigation phase.
FAQ for Aggravated Assault Penalties
How Do Deadly Weapon Findings Affect Bond Decisions?
Deadly weapon findings may influence bond amounts and conditions. Courts consider public safety, flight risk, and offense severity when setting bond. Cases involving deadly weapons sometimes result in higher bond amounts or additional conditions like GPS monitoring and weapon surrender requirements. Defense attorneys present evidence at bond hearings demonstrating community ties, employment stability, and lack of flight risk to support reasonable bond terms.
What Happens at a Grand Jury for Aggravated Assault?
A Harris County grand jury reviews evidence to determine whether probable cause exists to indict someone for felony aggravated assault. Prosecutors present evidence, including witness testimony, police reports, and physical evidence. Grand juries consist of twelve citizens who hear multiple cases. Nine votes are required for indictment. Defense attorneys may present evidence demonstrating lack of probable cause or self-defense. If the grand jury finds insufficient evidence, they return a no-bill and the case is dismissed.
Can Self-Defense Evidence Prevent Indictment?
Self-defense evidence presented before grand jury proceedings may prevent indictment in some circumstances. Defense attorneys present witness testimony, physical evidence, surveillance footage, and documentation demonstrating the defendant acted in lawful self-defense under Texas Penal Code Sections 9.31 and 9.32. When evidence shows a reasonable belief that force was necessary, grand juries may decline to indict, making self-defense in aggravated assault a decisive issue that requires early legal intervention and thorough investigation.
Does the Alleged Victim Have Power to Drop Charges?
Prosecutors make charging decisions, not alleged victims. Once the state files aggravated assault 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 recordings, or medical records. Victim input matters during plea negotiations and sentencing, but prosecutors evaluate evidence strength and public safety when making final decisions.
Contact a Houston Aggravated Assault Defense Attorney
Aggravated assault charges carry serious consequences, including potential prison time and permanent criminal records. Understanding sentencing factors and available defenses provides important information for making decisions about your case.
Contact the Law Office of Nathaniel Pitoniak at (832) 315-6283 or contact the firm online for a consultation. Nathaniel Pitoniak personally handles every aspect of cases, challenging prosecution evidence and pursuing case resolutions.
