Assault With a Deadly Weapon Defense Lawyers Jeffrey Grass
Assault with a Deadly Weapon Lawyers
In Texas, assault is when a person knowingly causes an injury or threatens to cause a bodily injury to another person. A person can be charged with assault with a deadly weapon if he or she uses a weapon during an assault, which involves the use of force or violence upon another. If the crime was committed against certain individuals, such as a family member or law enforcement, the penalties can be even more severe.
Assault with a deadly weapon is a very serious felony in Texas, and as such, a conviction can result in a very harsh penalty, including a sentence in state prison. This is especially true for aggravated assault, which can be charged as a first-degree felony – the most serious type of felony in this state. For this reason, it’s vital that you have an experienced legal team that’s ready to defend you aggressively from these potentially life-altering allegations.
At the Law Offices of Jeffrey C. Grass, as we have represented clients throughout the state of Texas, including Plano and the Collin County area, Dallas, and Fort Worth. We leverage our extensive experience and highly refined defense strategies, combined with our team of investigators and experts who can analyze and interpret evidence for your case.
If you or a loved one have been arrested for assault with a deadly weapon, we encourage you to contact our Texas criminal defense lawyers to arrange a free, confidential case consultation session. Just call the Law Offices of Jeffrey C. Grass today at (972) 422-9999.
Common Questions and Concerns About Assault With a Deadly Weapon
A conviction for assault with a deadly weapon can carry some serious penalties and consequences, but this is precisely where our legal team can assist, as we have decades of experience helping clients facing a range of different violent crimes.
At the Law Offices of Jeffrey C. Grass, we have found that by addressing your concerns and questions, we can alleviate much of the stress that our clients are experiencing. So our legal team has compiled information on some of the most common issues that we address with clients who are facing this type of charge.
What is the Definition of Assault? And What’s Considered a Deadly Weapon?
In Texas, assault can include a few different types of actions:
intentionally, knowingly and recklessly threatening a person with imminent harm and serious bodily injury (i.e. holding a knife to someone’s throat)
intentionally, knowingly and recklessly causing bodily injury to another person (i.e. shooting a person with a firearm); or
intentionally causing physical contact when you are aware that this type of contact is considered offensive (i.e. pushing and shoving another person.)
Any one of these types of actions can be considered assault.
Charges of assault with a deadly weapon may be filed in cases where a potentially lethal weapon is used as part of the alleged assault.
Texas law defines deadly weapons 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.”
By definition, then, a deadly weapon could be an item that is intended for use as a weapon, like a knife or a firearm. But a “deadly weapon” may also apply to an object that has a non-lethal usage like a tire iron or pry bar. For this type of object to be considered a deadly weapon, you must actually use it as a weapon (i.e. striking another person with a tire iron), or there must be evidence that you intended to use it as a deadly weapon.
Some of the most common types of deadly weapons include:
knives, spears, and other bladed weapons;
knuckles or feet;
batons or clubs;
a vehicle; and
chemicals that are capable of causing fatal injury when exposed or ingested.
Can a Body Part Be Considered a Weapon in a Case Involving Assault With a Deadly Weapon?
In some cases, it’s possible that a body part – such as a fist, feet or teeth – could be considered a deadly weapon.
One example would be in the case of an individual who is HIV-positive and is aware of their positive status. If that person were to bite another person or have unprotected sex with another person who was unaware of their HIV-positive status, this could actually be prosecuted as assault with a deadly weapon.
What are the Penalties for Assault With a Deadly Weapon in Collin County?
Assault with a deadly weapon can be prosecuted as a second-degree felony with a possible penalty of 2 to 20 years in state prison and/or a fine of up to $10,000.
The most serious aggravated assault cases are charged as first-degree felonies, which can carry a penalty between 5 and 99 years in state prison, with a fine of up to $10,000.
A case may be considered “aggravated” when a deadly weapon is used to cause serious injury to someone during a domestic assault incident, while in the course of your duties in a public servant or when the victim is an on-duty public servant. Aggravated assault charges may also be filed if:
the assault is committed against a witness, informant or the party who reported a crime;
the victim is an on-duty security officer; or
a firearm is discharged while inside a motor vehicle, aiming at an occupied house, structure or another vehicle, resulting in serious bodily injury.
A less serious related crime is “deadly misconduct” which can be charged as a class A misdemeanor or a third-degree felony.
Any prior convictions, particularly those involving violent acts, can result in a more serious sentence.
Contact Our Texas Criminal Defense Lawyers if You’re Accused of Assault with a Deadly Weapon
If you were accused of aggravated assault with a deadly weapon or another violent crime, it’s vital that you trust your case to an experienced defense lawyer due to the harsh nature of the potential penalties.
There are many potential defenses to this type of case, ranging from self-defense to contesting the fact that a weapon is potentially deadly. The legal team at the Law Offices of Jeffrey C. Grass will examine your case to determine the best course of action for your unique circumstances.
Our clientele spans throughout Dallas County, Collin County, and Denton County, including the cities of Dallas, Fort Worth and Plano, Texas. Our law firm was founded by Attorney Jeffrey Grass, who has been practicing since 1993. His resume is impressive, as he has served as a U.S. Navy Judge Advocate (JAG) and he was named one of the Top 100 Lawyers by the National Trial Lawyers Association. He currently maintains an AV® Preeminent Peer Review Rating from Martindale-Hubbell®.
If you or a loved one are under investigation or have been arrested for assault with a deadly weapon, contact the Law Offices of Jeffrey C. Grass today to schedule a free, fully confidential evaluation. Just call (972) 422-9999.