A chilly dread takes its place as the adrenaline of a contentious argument fades.
The argument had escalated, then there was a shove, a stumble—and now the sirens wail in the distance. Before you know it, you’re facing a felony assault charge.
Now you’re wondering, Is aggravated assault a felony? Am I going to jail? Fear and confusion envelop your mind, and you fear what is next.
But rest assured, there is a path forward, and the right Texas assault defense attorney can help you find it.
Below, we explain Texas’s felony assault laws and how Fowlks Law Firm can help you deal with the consequences of these serious charges.
For a free consultation, please call (210) 455-1000 or send us an online message today.
What Is A Felony Assault?
Under Texas law, assault becomes a felony when certain aggravating factors are present.
Our state classifies assault as a felony when the conduct involves:
- Serious bodily injury—intentionally or recklessly causing significant physical harm to another person;
- Use of a deadly weapon—when a gun or other deadly weapon is used to threaten or harm someone; or
- Special circumstances—situations involving domestic violence, public servants, or vulnerable individuals, such as children or older adults.
Texas law outlines three essential factors needed for a felony assault conviction:
- Intentionality. The prosecution needs to prove you intended to cause bodily harm or recklessly disregarded the risk of causing such harm.
- Severity of harm. The level of injury inflicted determines the severity of the assault. “Serious bodily injury” is a key term encompassing injuries that create a substantial risk of death, severe permanent disfigurement, or protracted impairment of a bodily function.
- Victim classification. Certain victims can elevate the charge to a felony, even with lesser injuries.
The prosecution must prove these elements beyond a reasonable doubt to secure an assault conviction.
Categorization Of Felony Assault Charges In Texas
Felony assault charges are categorized by degrees of severity, with penalties that escalate based on the harm caused and the intent behind the actions.
1st-Degree Felony Assault
First-degree felony assault includes acts like aggravated assault—where actions result in severe injury or include the use of a deadly weapon against:
- Family members, current or former spouses/partners, or household members;
- Public servants while on duty or in retaliation;
- Uniformed public servants; or
- Potential or actual witnesses of a crime.
Penalties include a minimum of five years and a maximum of 99 years or life in prison, along with fines up to $10,000.
2nd-Degree Aggravated Assault
This applies when serious bodily harm occurs or when a deadly weapon is used without resulting in life-threatening injuries. Penalties for this charge include 2 to 20 years in prison and fines of up to $10,000.
3rd-Degree Assault
A third-degree assault charge might involve bodily harm against certain protected classes, including:
- Public servants, while on duty;
- Emergency service personnel;
- School security guards;
- Elderly or disabled persons; or
- A public servant.
Third-degree assault also applies in situations where prior convictions elevate the severity of the offense. 3rd-degree assault jail time ranges from 2 to 10 years in prison, with fines up to $10,000.
Each charge level reflects increasing consequences, making it critical to understand the specific allegations in your case.
When Does Assault Become A Felony?
When aggravating factors are present, assault moves from a misdemeanor to a felony.
These factors may include:
- The nature of the injuries. The charge may escalate if the injuries are life-threatening or result in severe disfigurement.
- Use of weapons. The mere presence of a firearm during an altercation can upgrade the offense.
- Victim status. Assaulting specific individuals, like police officers, medical personnel, or minors, frequently leads to felony charges.
It is important to consult with a criminal defense attorney to assess the potential outcomes, develop a strong defense strategy, and protect your rights effectively.
Potential Defenses Against Felony Assault Charges In Texas
Facing a felony assault charge is terrifying, but there are some strong defenses you can employ.
Self-Defense
Proving that you took action to protect yourself from imminent injury can help you avoid prosecution. Texas law allows for reasonable force when confronted with a threat.
Defense Of Others
This defense may apply if you acted to shield someone from danger. Evidence showing the immediate need for intervention can support your claim.
Lack Of Intent
Intent plays a critical role in felony assault cases. Demonstrating that any harm caused was accidental or unintentional can weaken the prosecution’s case.
Mistaken Identity
It is not uncommon for eyewitnesses to get it wrong. If you claim mistaken identity, the prosecution still has to prove that you were the perpetrator. They must establish that it was you beyond a reasonable doubt. If they can’t, you could win the case.
However, to strengthen your claim, your lawyer can contest the accuracy of witness testimony by presenting alibi evidence or other evidence questioning the identification.
Consent
In rare cases, this defense may apply if the alleged victim agrees to the conduct, such as in mutual combat situations.
These defenses rely on meticulous investigation and effective courtroom advocacy.
How Fowlks Law Firm Can Help Assist You
Facing a felony assault charge in Texas demands a thorough and strategic approach.
At Fowlks Law Firm, we provide a comprehensive defense by:
- Conducting detailed case reviews. We analyze police records, video evidence, and witness statements to identify gaps or inaccuracies in the prosecution’s case.
- Crafting personalized defense plans. Our tactics are customized to fit the particular facts and circumstances of your case because every case differs.
- Examining and challenging evidence. We work to undermine the prosecution’s arguments, whether by questioning witness credibility or the legality of evidence collection.
- Engaging in skillful negotiations. Our team actively seeks opportunities to negotiate for reduced charges, alternative resolutions, or case dismissals when appropriate.
- Delivering aggressive courtroom advocacy. If your case goes to trial, we present compelling arguments and use proven techniques to protect your rights and freedom.
The right attorney can make all the difference. Whether you’re facing first-degree assault or a second-degree assault charge, Fowlks Law Firm understands the gravity of the situation and is committed to standing by your side.
We will work together throughout your case to ensure the best possible outcome.
Contact us online or call (210) 455-1000 today for a free, confidential consultation and strategic defense planning.
Resources:
- About Texas Felonies. Harris County, link
- Inventory of Texas Felony Offenses by Category. Texas Legislative Council (2018), link
Justin M. Fowlks was born and raised in San Antonio, Texas. He has worked diligently on complex and high-stakes criminal matters. He zealously represented criminal defendants in counties all over the state. In addition to a heavy criminal defense docket, Mr. Fowlks also managed a personal injury docket of cases ranging from on-the-job accidents to catastrophic trucking and auto accidents. Mr. Fowlks provides each client with the utmost in service and accessibility.
