Aggravated Assault With A Deadly Weapon
If you have been charged with aggravated assault in Texas, you could be facing a substantial prison sentence, the loss of your job, a felony criminal record and other serious consequences. You need an experienced, dedicated defense attorney on your side.
At the Rosales Law Firm, our lawyers have more than 25 years’ combined experience defending clients against violent crimes, including assault and aggravated assault. We are committed to helping you avoid the consequences of a conviction and keep this charge off your criminal record.
El Paso Aggravated Assault Defense Lawyers
Certain factors can aggravate charges of assault, turning them into felonies that carry potential prison sentences of more than a year. The following are the two most common aggravated charges:
- Assault with a deadly weapon: To convict you of this, the prosecutor needs to prove that you used a firearm or other deadly weapon to threaten someone with violence.
- Assault resulting in serious bodily injury: To convict you of this, the prosecutor needs to prove that you physically struck someone who was seriously injured as a result.
The police do not always investigate these cases as well as they should. Very often, whoever “lost” a fight or called 911 first is treated as the “victim,” regardless of who actually started the fight or who escalated the conflict by using more than a reasonable level of force.
If you hire our firm to represent you, we will carefully investigate the facts of your case, including your background and the background of your accuser. Despite the seriousness of these offenses, our experienced lawyers may be able to prevent you from going to jail, even if convicted. It may be possible to work toward a suspended sentence or probation.
What is considered a “deadly weapon” in Texas?
Texas law defines a deadly weapon as a firearm or anything designed to cause death or serious bodily injury. The definition also includes any object that could cause death or serious injury based on how you used it. Firearms automatically qualify as deadly weapons under the statute. Other objects like knives or clubs depend on their design or how you use them in a specific situation. Courts can also classify everyday objects as deadly weapons based on your use. A baseball bat, a car or even a heavy object can become a deadly weapon if you use it in a way that could cause serious harm or death.
Can the victim drop the aggravated assault charges against me?
No. The victim cannot drop criminal charges in Texas. Only the prosecutor decides whether to pursue or dismiss charges. Even if the victim no longer wants to press charges, the state can still move forward with the case. Prosecutors often proceed with aggravated assault cases even without the victim’s cooperation.
What if the person who called 911 actually started the fight?
Police often treat whoever calls 911 first as the victim, even if that person started the fight. Our lawyers investigate the full story. We gather evidence, interview witnesses and examine the circumstances to show who actually initiated the confrontation. This can make a significant difference in your case.
Can I claim self-defense if I used a weapon?
Yes, you can claim self-defense even if you used a weapon. Texas law allows you to defend yourself when you reasonably believe you face immediate harm. However, your response must match the threat level. Our lawyers will examine whether your use of force was reasonable under the circumstances.
Will I definitely go to prison for an aggravated assault conviction?
Not necessarily. Our experienced lawyers may be able to help you avoid prison even if convicted. We can work toward alternatives like a suspended sentence or probation. Each case depends on the specific facts, your criminal history and the strength of the evidence against you.
Socorro Aggravated Assault Attorneys
If you have been charged with aggravated assault in El Paso, Socorro or surrounding communities in Texas, our lawyers are here to help. Contact our office today to discuss your case. We are available during regular business hours and by appointment at other times. You can reach us by phone at 915-219-5516 or via email. We accept all major credit cards for your convenience.
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