The State of Texas defines aggravated assault with a deadly weapon as knowingly causing bodily injury or harm to someone while using or displaying a weapon, but this charge can be made even without bodily injury or harm to another. It is also categorized as aggravated assault with a deadly weapon if a weapon is displayed while threatening a person with bodily injury or behaving toward another person in a way that they could be expected to find offensive. For example, waving a gun or knife while threatening to harm or kill a person would be considered aggravated assault with a deadly weapon. What separates aggravated assault from simple assault is the occurrence of serious bodily injury or harm, and/or the presence of a deadly weapon, even if no physical harm occurs. If you or a loved one has been charged with aggravated assault with a deadly weapon, call the Houston Law Office of Michael H. Pham today to get expert help navigating the legal system. 713-236-7791

What are the Definitions of “Deadly Weapon” and “Serious Bodily Injury”?

Whether a weapon is considered “deadly” for the purposes of this charge depends on how it is used in the commission of the crime. “Deadly weapon” includes anything that could be used to cause death or serious injury. This can range from weapons that are clearly deadly, like guns, to something like a person’s hands, if they are being used to seriously injure or potentially kill a person.

Serious bodily injury is defined in the Texas Penal Code as “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.”

What are the Possible Penalties for Aggravated Assault with a Deadly Weapon?

Aggravated assault with a deadly weapon is a second-degree felony in Texas. Under certain circumstances, it can be elevated to a first-degree felony. The sentence for this crime can be 2-20 years in prison and a fine of up to $10,000.Those convicted may also be required to pay restitution to their victim(s) which can include things like paying their medical bills or reimbursing them for property that was damaged. There are also restrictions on probation for anyone who uses or displays a deadly weapon during the commission of a felony, or immediately after while fleeing from the commission of a felony.

Is Aggravated Robbery with a Deadly Weapon a Felony in Texas?

Any aggravated robbery charge in Texas is a felony. Simple robbery is a second-degree felony, but aggravated Robbery with a deadly weapon is charged as a first-degree felony, punishable by 5-99 years in a state prison, and a fine of no more than $10,000.Whether the aggravated robbery sentence for a conviction is closer to the lower end of the guidelines or closer to the maximums depends on whether there were any mitigating factors for the judge to take into consideration. Attorney Michael H. Pham has the experience and expertise as a Houston aggravated assault defense attorney to defend you against these aggravated robbery charges and to bring your case to the most beneficial outcome possible. Call his Houston law office today at 713-236-7791.

Could I Be Charged with Aggravated Robbery Even if There Was No Weapon Involved?

In Texas, a simple robbery charge can be elevated from a second-degree felony to the first-degree felony of aggravated robbery even if there was no weapon involved in the commission of the crime. If the victim of the aggravated robbery who was intimidated or threatened was elderly (over age 65), or disabled in any way—physically, mentally, or developmentally, aggravated robbery is the likely charge, even with no weapon involved. This charge carries the same range of penalties as if there were a weapon shown or used.

What Counts as a Deadly Weapon in Texas?

A deadly weapon is defined in the Texas Penal Code as “a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury,” including objects that were used or intended to be used to inflict serious bodily injury or death, even if that is not their intended purpose. In some cases, even a gun that is not loaded has been found to be a deadly weapon in the commission of a crime. Other deadly weapons that might not be immediately obvious include teeth, fists, brass knuckles, knives, hands, feet, ropes, clubs, bats, and anything that could be used to choke, stab, beat, or otherwise cause serious bodily injury or death.

How Can an Attorney Help in the Case of an Aggravated Robbery with a Deadly Weapon Charge in Texas?

The legal landscape is complex and ridden with obstacles. Trying to defend yourself against a serious criminal charge can cause not only undue stress and anxiety to you and your loved ones, but also a poor outcome that could have been avoided with skilled legal representation. When your future hangs in the balance, you need a seasoned, knowledgeable criminal defense attorney in your corner. Call the Houston Law Office of Michael H. Pham to learn more about how to beat a aggravated robbery charge in Texas.

How Can an Attorney Help Me in A Case of Aggravated Assault with a Deadly Weapon in Texas?

If you have been charged with aggravated assault with a deadly weapon, you will want a skilled defense lawyer on your side. A carefully crafted defense strategy can make all the difference in how your case progresses, and what the consequences will be Call the Law Office of Michael H. Pham at 713-236-7791 today to ensure that your rights are protected and your outcome is the most beneficial it can be.