Aggravated Assault Penalties in Texas: Prison Time, Fines and Sentencing

If you have been charged with aggravated assault in Texas, the first question is usually the same: how much time am I facing? The honest answer is that it depends on how the offense is charged, whether a deadly weapon is alleged, your criminal history and how the case is resolved. This guide walks through each of those pieces under Texas law so you know what is actually on the table.

The short answer

• Most aggravated assault charges: second-degree felony, 2 to 20 years in prison and a fine of up to $10,000.
• Certain aggravated assault charges: first-degree felony, 5 to 99 years or life in prison and a fine of up to $10,000.
• Prior felony convictions can raise either range.
• A deadly weapon finding limits probation and delays parole eligibility.
• Probation or deferred adjudication may be possible in some cases, depending on the facts and the record.

The offense: Texas Penal Code §22.02

A person commits aggravated assault in Texas by committing an assault and either causing serious bodily injury to another person or using or exhibiting a deadly weapon during the assault. The underlying assault can be causing bodily injury or threatening someone with imminent bodily injury, which means a charge can be filed even when nobody was hurt.

Which facts the State alleges drives the punishment range. If you want to understand exactly what elevates an assault to aggravated assault, read what counts as aggravated assault in Texas.

Second-degree felony: the standard range

Aggravated assault is a second-degree felony unless one of the first-degree circumstances below applies. A second-degree felony in Texas carries:

• 2 to 20 years in prison
• A fine of up to $10,000

Two years is the minimum prison sentence if you are sentenced to prison. That does not mean prison is automatic. Depending on the facts, probation (called community supervision in Texas) or deferred adjudication may be available. More on that below.

When aggravated assault is a first-degree felony

Texas raises aggravated assault to a first-degree felony in a short list of situations. A first-degree felony carries 5 to 99 years or life in prison and a fine of up to $10,000. The first-degree situations include when the State alleges:

• The person used a deadly weapon and caused serious bodily injury to a family or household member or someone they were dating
• A public servant committed the assault while acting under color of office
• The person assaulted someone they knew was a public servant carrying out an official duty, or did so in retaliation for that service
• The assault was in retaliation against someone for being a witness, prospective witness, informant or the person who reported a crime
• The person assaulted someone they knew was a security officer performing their duties
• The person, while in a motor vehicle, knowingly fired a gun at or toward a home, building or vehicle, was reckless about whether it was occupied, and caused serious bodily injury

Notice how specific these are. The family violence category, for example, requires both a deadly weapon and serious bodily injury. If the State cannot prove every part of the first-degree allegation, the case drops back to the second-degree range.

Deadly weapon findings: the detail that changes everything

In many aggravated assault cases, the deadly weapon allegation matters as much as the charge itself. When a judgment includes an affirmative finding that a deadly weapon was used or exhibited, two important things happen:

• A judge cannot place you on regular probation. A jury can still recommend probation if it assesses a sentence of 10 years or less, but a judge alone cannot grant it after a deadly weapon finding.
• Parole eligibility is delayed. A person with a deadly weapon finding generally has to serve half of the sentence, without credit for good time, before becoming eligible for parole, with a minimum of two years.

That is why, in negotiations and at trial, the defense often focuses hard on the weapon. Was there really a weapon? Was it actually used or shown? Was the object capable of causing death or serious bodily injury in the way it was used? A cell phone, a set of keys or a shoe is not automatically a deadly weapon. Neither is a car. The State has to prove it from the facts.

Deferred adjudication works differently, because there is no judgment of conviction while you are on it. That is one reason deferred adjudication can be an important option in some aggravated assault cases.

How prior convictions raise the range

Texas law enhances punishment for people with prior felony convictions:

• If you have one prior felony conviction, a second-degree aggravated assault can be punished as a first-degree felony: 5 to 99 years or life.
• If you have two prior felony convictions in the right sequence, the range can become 25 to 99 years or life.

Enhancements have technical requirements about the type, timing and order of the prior convictions. They have to be pleaded and proved. Whether an enhancement actually applies is something the defense should check closely, because it changes the entire range.

What moves a sentence within the range

Twenty years is a wide range. Where a sentence lands inside it depends on the facts of the case and the person. Factors that commonly matter include:

• How serious the injury was, and what the medical records actually show
• Whether a weapon was involved, what kind and how it was used
• Prior criminal history, especially any history of violence
• What led up to the incident, including provocation or a mutual fight
• Whether alcohol, drugs or a mental health issue played a role, and what has been done about it since
• Work history, family responsibilities and community ties
• Conduct since the arrest, including compliance with bond conditions

In Texas, a defendant can choose whether the judge or the jury decides punishment after a guilty verdict. That choice is strategic and depends on the case, the court and what the defense plans to present.

Probation and deferred adjudication

Probation (community supervision) means you serve a sentence in the community under conditions instead of going to prison. Conditions can include reporting, drug testing, classes, community service, no contact with the alleged victim and payment of fees and restitution. If you violate the conditions, the court can revoke probation and send you to prison.

Deferred adjudication is a form of community supervision where the judge does not find you guilty. If you complete it successfully, the case is dismissed and you avoid a conviction. If you violate it, the judge can find you guilty and sentence you anywhere in the full range, up to 20 years for a second-degree felony. That risk is real and needs to be weighed before accepting any deferred offer.

Even with a dismissal after deferred, the arrest and the case can remain visible on your record. Ask your lawyer what record-clearing options, if any, may apply to your situation.

Consequences that last after the sentence

The prison range is only part of the cost. A felony conviction for aggravated assault can also mean:

• A permanent felony record that appears on background checks
• Loss of firearm rights under state and federal law
• Trouble finding work, especially in jobs that involve security, healthcare, education, working with children or holding a license
• Trouble renting a home, since many landlords screen for violent offenses
• Professional license problems with state licensing boards
• Immigration consequences for anyone who is not a U.S. citizen, which can include removal
• Protective orders in cases involving family members or dating partners
• Restitution for medical bills and other losses

These consequences should be part of every decision in the case, including whether to accept a plea to a lesser offense that avoids a felony conviction.

How the defense can lower your exposure

The punishment range in your charging document is the State's opening position, not the outcome. Ways the defense can reduce what you are facing include:

• Attacking the serious bodily injury element. Texas defines serious bodily injury narrowly: an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of a bodily member or organ. Many injuries that look bad in a police report do not meet that standard.
• Attacking the deadly weapon element. Removing the weapon allegation can reduce the charge, or at least remove the deadly weapon finding that limits probation and parole.
• Raising self-defense or defense of others. If the force was justified, it is not a crime. See aggravated assault and self-defense.
• Pushing for a lesser offense. Assault causing bodily injury is usually a Class A misdemeanor, punishable by up to one year in county jail and a fine of up to $4,000. That is a very different result from a felony.
• Challenging enhancements. Prior convictions have to qualify and be proved.
• Building mitigation. Treatment, counseling, work history, restitution and character evidence can move prosecutors in negotiations and judges or juries at sentencing.

Plea offers in aggravated assault cases often turn on the deadly weapon language. Before you accept one, read about the hidden risks of an aggravated assault plea bargain.

Common questions about aggravated assault sentencing

What is the minimum sentence for aggravated assault in Texas?

For a second-degree felony, the minimum prison sentence is 2 years. For a first-degree felony, it is 5 years. Probation or deferred adjudication may be possible instead of prison, depending on the facts, the record and any deadly weapon finding.

What is the maximum sentence?

Twenty years for a second-degree felony. Ninety-nine years or life for a first-degree felony or an enhanced case.

Can a first-time offender get probation for aggravated assault?

Sometimes. A clean record helps, but the deadly weapon issue matters a great deal. A judge cannot grant regular probation after a deadly weapon finding. Deferred adjudication or a jury-recommended probation may still be options.

Can an aggravated assault charge be reduced to a misdemeanor?

It can happen when the evidence on the injury or the weapon is weak, or through negotiation. Whether it is realistic depends on the facts of your case.

Does the alleged victim decide what happens?

No. The prosecutor decides whether to pursue the case. The alleged victim's views can matter in negotiations, but they do not control the outcome.

Talk with Brian Powers Law

Brian Powers is a former police officer, a former felony prosecutor and a former magistrate judge. He has seen how aggravated assault cases are charged, negotiated and sentenced from every side, and he now defends people charged in San Antonio and Bexar County. Learn more about his aggravated assault defense work.

Consultations are free and confidential. Call (210) 222-9446 or contact us online.