Historically, Texas has been full of “gun slinging” towns that
don’t back down to threats. Even though Texas has some of the best
gun laws in the nation today, it doesn’t mean that people can get
involved in physically violent altercations and get away with it. A lot
has changed in the past 50 years.
In the 1950s and 1960s, two Texans could get in a fight and it wouldn’t
necessarily lead to an arrest and criminal charges. Sometimes, they’d
even shake hands afterwards. Nowadays, get into a fight or strike another
person, and you could be facing a one-way trip to jail.
In Texas, most types of physical violence are covered under Title 5, Chapter
22 of the Texas Penal Code. Aside from homicide, most violent acts fall
under the categories of
assault and aggravated assault in Texas. For the purpose of this post, we’re
going to discuss “aggravated assault” charges under
Section 22.02 of the Texas Penal Code.
What is Aggravated Assault?
Under Sec. 22.02, you commit the offense of aggravated assault when you:
- Cause serious bodily injury to another person, including your husband or wife, or
- Use or show a deadly weapon while committing the assault.
Aggravated assault is a
felony of the second degree; however, it is a
felony of the first degree if the actor used a deadly weapon, such as a knife or firearm and caused
serious bodily injury to the victim, who was a member of the actor’s
family or household.
For example, if a man beat his wife and then stabbed her, he would be guilty
of aggravated assault – a first-degree felony offense. Or, if a
woman was fighting with her boyfriend and she shot him, she would be guilty
of a first-degree felony. As you can imagine, there are many ways that
a family or household member can cause serious bodily injury during an
assault on another family or household member while using a “deadly
Facing aggravated assault charges in Dallas? Contact Attorney Peter Barrett today!