Houston Aggravated Assault Attorney

Aggravated Assault Defense Lawyer in the City of Houston, TX, Protects the Rights of Clients Charged with Serious Assault Crimes in Harris County, Fort Bend County, Montgomery County, and Throughout Texas

Are you facing charges of aggravated assault? An arrest, prosecution, and conviction for aggravated assault can have serious consequences for your reputation and future. You deserve the experienced legal advocacy of a Houston aggravated assault attorney from Chernoff Law to help you protect your interests.

I am attorney Ed Chernoff. For over 35 years, I’ve been working on criminal cases in Houston and across the country. My experience includes seeing both sides of criminal prosecution, as I served as a top prosecutor in the Harris County DA’s office for five years. In 1991, I realized that I wanted to use my knowledge and experience to advocate for people facing the criminal justice system. In the decades that followed, I’ve represented clients in thousands of criminal cases and have developed a proven track record of success and a national reputation as one of the toughest defense attorneys. 

Reach out for a free initial case review with an aggravated assault defense lawyer in the city of Houston, TX, to learn more about your options for defending yourself against assault charges. You can trust me and my criminal defense firm to vigorously advocate for the best possible resolution of your charges. 

What Is Aggravated Assault?

Texas’s aggravated assault statute is codified in Title 5, Sec. 22.02 of the Texas Penal Code. Aggravated assault is defined as intentionally, knowingly, or recklessly causing serious bodily injury to another person, or using or exhibiting a deadly weapon during the assault. This differs from the assault statute, which covers causing non-serious bodily injury, threatening another with imminent bodily injury, or causing offensive or provocative contact. Aggravated assault is intended to cover assaults where the victim is seriously injured or put at risk of serious injury or death due to the presence or use of a deadly weapon.

Penalties for an Aggravated Assault Conviction in Houston

Aggravated assault under Texas law is normally charged as a second-degree felony offense. However, the offense may be elevated to a first-degree felony charge if:

• A deadly weapon is used in the assault and causes serious bodily injury to a victim with whom the perpetrator has a familiar or household relationship
• The assault is committed by a public servant under the color of their office or employment
• Against a person known to be a public servant, in the course of their duties or in retaliation for the exercise of their duties
• In retaliation against a witness
• Against a process server or security officer
• The perpetrator is in a motor vehicle and discharges a firearm at a building or vehicle with reckless disregard as to whether the building or vehicle is occupied, thereby causing serious bodily injury

Penalties for an aggravated assault conviction under Texas law include:

• Second-degree felony: Imprisonment for two to 20 years, and a potential fine of up to $10,000
• First-degree felony: Imprisonment for life, or a term of 5 to 99 years, and a potential fine of up to $10,000

Defenses to Aggravated Assault

Possible defenses to an aggravated assault charge include:

• Mistaken identity – The victim mistakenly identifies you as the assailant
• Alibi – You can prove that you were somewhere else when the aggravated assault occurred
• Lack of serious bodily injury – The victim did not suffer an injury that is classified as “serious” under the law
• No deadly weapon was used or exhibited
• You engaged in self-defense or defense of others when the purported victim posed an imminent risk of causing serious bodily injury to you or another person and the force you used was proportional to prevent injury to yourself or others

Houston Aggravated Assault Attorney Ed Chernoff Will Advocate on Your Behalf for a Favorable Resolution to Your Charges

An aggravated assault conviction can have serious consequences for your future. You deserve experienced advocacy and advice from a seasoned aggravated assault defense lawyer in the city of Houston, TX. Turn to me and my firm for help defending yourself against aggravated assault charges, including:

• Conducting an independent investigation into the facts and circumstances of the case to obtain all available evidence
• Sitting down to discuss your charges so that you understand what to expect in the criminal justice process and have the information you need to make the best decisions for your interest
• Protecting your constitutional rights by filing motions to exclude any evidence or statements that may have been unlawfully obtained from you by the police
• Pursuing the best possible outcome to your charges, even if that means negotiating a plea deal to help you avoid significant prison time, or using my decades of experience to advocate in your defense if you choose to go to trial 

Contact Chernoff Law to Discuss Your Options and What to Expect in the Criminal Process with an Aggravated Assault Defense Lawyer in the City of Houston, TX

Contact me today for a confidential consultation to get answers to your questions from an experienced Houston aggravated assault attorney. I can help you understand what to expect throughout the criminal justice process and advise you at each stage so that you can make the best decisions for you.

Frequently Asked Questions About Aggravated Assault in Houston, TX