How Is Aggravated Assault Defined In Texas?
In Texas, the aggravated assault occurs when a person commits assault and he or she either causes serious bodily injury to another or uses or exhibits a deadly weapon during the commission of that offense.
The Factors That Increase A Regular Assault Charge To Become An Aggravated Assault Charge
Serious bodily injury! They are into a serious bodily injury, we are talking about broken bones, cuts, and or being stabbed or shot all the way to the point where they are not injured at all but the item that the person is using a knife, is a deadly weapon. A firearm, by the very nature, is also a deadly weapon. You can get some changes based on where it happens and the type of victim that you have, we aree looking at those two items. The seriously bodily injury, or the use of a deadly weapon.
The Items That Are Considered Deadly Weapons In Texas
You start off with very basics and you say a firearm, by the very nature of it being a firearm is designed to be deadly weapon, so that is always a given. A knife can be used for all sorts of things; for preparing our food, for cutting our food at the dinner table, for use in all type of outdoor activities. It is not a deadly weapon all the time, but if the use or the intended use is to hurt somebody, to hold it an offensive manner to attempt to strike at somebody, to hurt them with the knife, then it becomes a deadly weapon because by the use in that offense.
Is Aggravated Assault Always Considered A Felony Charge?
Yes. If it is aggravated, it is always considered a felony, it starts there. The rest of the offense is assault even though we generally look at it as a Class A misdemeanor because of bodily injury. It can move up to a felony based on the number of factors, who the victim is; if it has happened to a family member on a previous occasion; or a family member where the airway is obstructed so they are no longer able to breath normally or circulation of the blood because of the pressure applied to the neck.
A Victim Does Not Have To Be Harmed For The Perpetrator To Be Charged With Assault
The simple assaults you deal with, that threat of imminent bodily injury or that touching all the way up to the aggravated assault where it is the used or they exhibit a deadly weapon. When I say “Exhibit”, what I am really saying is it is a firearm in someone’s hand, they are not actually using it as much as they are exhibiting the deadly weapon and that makes it a felony.
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