Aggravated Assault Lawyer El Paso TX — Second & First Degree Felony Defense

What Is Aggravated Assault Defense — Felony Charges?

Under Texas Penal Code Section 22.02, a person commits aggravated assault if they commit assault (as defined in Section 22.01) and cause serious bodily injury to another person, or use or exhibit a deadly weapon during the commission of the assault. The key distinction from simple assault is the presence of 'serious bodily injury' or a 'deadly weapon.' Serious bodily injury is defined as bodily injury that creates a substantial risk of death, causes death, causes permanent disfigurement, or causes protracted loss or impairment of the function of any bodily member or organ. A deadly weapon is defined as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This broad definition means that everyday objects — a car, a bottle, a baseball bat, even a person's hands or feet in some circumstances — can be classified as deadly weapons depending on how they were used. Aggravated assault is typically a second-degree felony, but it escalates to a first-degree felony in several circumstances: when committed against a family member, household member, or dating partner; when committed against a public servant, security officer, or emergency services personnel; when committed by a person using a deadly weapon and the victim suffers serious bodily injury; or when committed in retaliation against a witness, informant, or person who has reported a crime. In El Paso, aggravated assault cases are handled in the El Paso District Courts, where the stakes are extremely high.

Penalties in Texas — What You Are Facing

The penalties for aggravated assault in Texas are severe. A second-degree felony conviction carries 2 to 20 years in the Texas Department of Criminal Justice (TDCJ) and fines up to $10,000. A first-degree felony conviction carries 5 to 99 years or life in prison and fines up to $10,000. Beyond the prison sentence itself, a felony conviction in Texas results in a cascade of collateral consequences that will affect every aspect of your life: loss of the right to vote (while incarcerated and on parole or probation); permanent loss of the right to possess firearms under both Texas and federal law; significant barriers to employment, particularly in professional fields, government positions, and military-related work near Fort Bliss; difficulty obtaining housing, as most landlords conduct criminal background checks; loss of professional licenses in fields such as healthcare, law, education, and finance; and for non-citizens, potential deportation and permanent bar from re-entry into the United States. If you are on parole or probation for another offense, an aggravated assault charge can also result in revocation of your supervision and incarceration on the prior offense.

The Legal Process in El Paso, Texas

Aggravated assault cases in El Paso are handled in the El Paso District Courts and involve a more complex legal process than misdemeanor cases. After arrest, you will be arraigned and bond will be set. The case then proceeds through the grand jury process, where the prosecution presents evidence to a grand jury to obtain an indictment. Once indicted, the case moves to pre-trial proceedings, which can include extensive discovery (obtaining police reports, witness statements, medical records, and other evidence), depositions, and pre-trial motions. Critical pre-trial motions in aggravated assault cases include motions to suppress illegally obtained evidence, motions challenging the indictment, and motions in limine to exclude prejudicial evidence at trial. Many aggravated assault cases are resolved through plea negotiations, but Attorney Aaronson is fully prepared to take your case to trial if that is the best strategy. At trial, the prosecution must prove every element of the offense beyond a reasonable doubt — including that the injury was 'serious' and that any object used was a 'deadly weapon' — and an experienced defense attorney can challenge each element.

Defense Strategies That Work in El Paso Courts

Defending an aggravated assault charge in El Paso requires a multi-layered strategy. Attorney Aaronson will challenge the prosecution's case on every front. First, he will scrutinize the definition of 'serious bodily injury': was the injury actually serious under the legal definition, or was it a less severe injury that the prosecution is attempting to elevate? Medical records, expert testimony, and the specific nature of the injury are all critical. Second, he will challenge the characterization of any object as a 'deadly weapon': was the object actually capable of causing death or serious bodily injury in the manner it was used? Third, he will investigate and present evidence of self-defense or defense of others, which is a complete justification for the use of force in Texas when you reasonably believed force was immediately necessary to protect yourself or another person. Fourth, he will challenge the credibility of witnesses and the reliability of any physical evidence. Fifth, he will investigate whether any constitutional violations occurred during the arrest or investigation — including unlawful searches, improper interrogations, or violations of your right to counsel — that could result in suppression of key evidence. In cases involving family members, he will also investigate whether the allegations arose from a contentious relationship situation where false accusations are a possibility.

Frequently Asked Questions About Aggravated Assault Defense — Felony Charges in El Paso