We typically think of the law as black-and-white: if you do X, then you are guilty of Y. However, the law is more complicated than that because many factors impact the circumstances of a given action. Therefore, the law reads more like this: if you do X while you’re doing Z, then you are guilty of Y unless you were also doing A, which then means you are guilty of B. The prove this point, we will look at the differences between Texas assault and aggravated assault charges.
Assault & Aggravated Assault
Assault and aggravated assault charges are technically different, but they share a close relationship. In fact, aggravated assault charges are simply assault charges with certain circumstances added to the mix. Therefore, we can say that aggravated assault charges are more particular (and more penalizing) assault charges.
As stated by the Texas penal code, assault charges become aggravated assault charges when:
- The assault causes serious bodily injury to another person; or
- The assault uses or exhibits a deadly weapon during the commission of the assault.
This law means there are two different scenarios when assault becomes aggravated assault. First, an assault charge can become an aggravated assault charge based on the severity of the injuries the assault causes someone else.
Second, an assault charge can become an aggravated assault charge if the accused uses or displays a deadly weapon during the commission of the assault.
It’s important to note that it only takes the exhibition of a deadly weapon to make an assault charge an aggravated assault charge. Therefore, if someone robs a store with a gun, and ends up assaulting someone during the robbery, the assault charge may become an aggravated assault charge due to the suspect’s wielding of a deadly weapon: even if the suspect never fires a shot or strikes someone with the gun.
As you can see, there are key differences between Texas assault charges and aggravated assault charges; however, no matter the severity of a charge, hiring the right representation for your case can make the difference!
If you're accused of assault or aggravated assault, call (281) 817-8737 now for a free consultation!