In Texas, aggravated assault charges carry severe consequences that can change the course of a person’s life. If you have been assaulted, facing charges or have a family member accused of a violent crime, speaking with a McKinney aggravated assault attorney is an important first step. Understanding the finer details of Texas aggravated assault law is crucial for building a strong case and protecting your rights. With that in mind, let’s examine the essential facts about aggravated assault in Texas.
What Should I Know About Aggravated Assault in Texas?
Assault with a Deadly Weapon
Use of a deadly weapon during an assault constitutes aggravated assault. This applies whether or not the weapon causes physical injury to anyone. Basic assault does not require physical harm, but rather that the perpetrator behaves in a way intended to put someone in reasonable fear for their safety. Someone who does this by threatening the person with a deadly weapon commits aggravated assault because the fear involved is fear of more grievous injury.
The Identity of the Victim
Some assaults become aggravated assaults depending on the status of the victim. For example, many states punish any assault on police officers, firefighters, and even teachers as aggravated assault. Typically, for such an assault to constitute aggravated assault, the victim must have been performing his or her duty when assaulted and the perpetrator must have known of the victim’s status.
In addition to possible punishment for aggravated assault, assaults on members of certain protected classes can constitute hate crimes. These can include assaults based on race, ethnicity, national origin, religion, sexual orientation, or disability of the victim.
Aggravated Assault Civil vs. Criminal Cases
Aggravated assault is typically charged as a criminal offense, but victims may also choose to file a civil case for damages. While there are various differences between civil and criminal cases, a key factor is the lower burden of proof in a civil case. When a person faces parallel proceedings they could be subject to substantial prison time, a criminal record, as well as a monetary settlement.
Intent of the Perpetrator
The mental state of the perpetrator can also push an assault from simple assault to aggravated assault. If he or she acted with the intent to cause severe harm or fear of severe harm, an assault can become aggravated. Depending on the state, reckless behavior can also constitute aggravated assault for example when someone acts with reckless indifference to human life, but without the specific intent to injure any particular person. If a dangerous or deadly weapon is involved, an assault may become aggravated even without any specific intent to injure.
Sex Crimes and Aggravated Sexual Assault
Aggravated assault and sex crimes are generally separate legal categories, but there are occasions when both may be charged for the same incident. A sex crime that occurs during an aggravated assault may lead to additional charges or penalties, potentially resulting in extended prison time. In addition, aggravated sexual assault (a sex crime that features aggravating factors like use of a deadly weapon or serious injury) is a crime that carries high penalties, as it includes sexual misconduct and violence. A McKinney sex crimes attorney can advise victims or those facing charges on their legal rights.
Speak With an Aggravated Assault Attorney in McKinney
If you have been party to aggravated assault or accused, don’t hesitate to call the team at Lucé Law, PC. Our aggravated assault attorneys provide experienced guidance and legal representation in North Texas. Call (972) 632-1300 or request a free legal consultation today.
