4940 Broadway St, Suite 130
San Antonio, TX 78209
4940 Broadway St, Suite 130
San Antonio, TX 78209
An aggravated assault charge is a felony. In most cases it carries 2 to 20 years in prison. In some cases it carries up to life. What you do in the first days after an arrest can shape everything that follows.
Brian Powers has worked these cases from every side of the courtroom. He is a former police officer, a former felony prosecutor and a former magistrate judge. He knows how officers write reports, how prosecutors decide what to file and what to offer, and how judges look at bond and evidence. Today he uses that background to defend people charged with aggravated assault in San Antonio and Bexar County.
Consultations are free. Call (210) 222-9446 or contact the office to talk about your case.
Brian Powers Law is a San Antonio criminal defense law office. He defends felony assault charges in the Bexar County criminal district courts.
Aggravated assault is defined in Texas Penal Code §22.02. To convict you, the State has to prove two things: that you committed an assault, and that one of these aggravating facts is true:
The underlying assault can be causing bodily injury to someone (intentionally, knowingly or recklessly), or intentionally or knowingly threatening someone with imminent bodily injury. That second option matters. Nobody has to be hurt for you to be charged. A threat made while holding a knife or showing a gun can be charged as aggravated assault.
Simple assault under Penal Code §22.01 is usually a misdemeanor. It covers causing bodily injury, which can be as little as physical pain, threatening someone, or offensive physical contact. Aggravated assault takes that same conduct and adds a serious bodily injury or a deadly weapon. That one element is the difference between a county court misdemeanor and a felony in district court, so it is often where a defense strategy starts. If the charge against you is a misdemeanor assault or involves a family member, see our assault and family violence defense page.
For a closer look at where the line falls, with examples, read what counts as aggravated assault in Texas.
Texas law defines serious bodily injury as an injury that creates a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
That is a high bar. A bruise, a black eye or a cut that heals usually does not meet it. A broken bone may or may not, depending on the medical evidence. Whether an injury was truly "serious" is often one of the most contested questions in the case, and it is a question the defense can fight.
A deadly weapon is a firearm, anything made or adapted to cause 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.
Guns and knives are the obvious examples. But prosecutors also file aggravated assault charges involving cars, bats, bottles, tools and other everyday objects, based on how the State says the object was used. Whether an object actually qualifies, and whether it was really used or exhibited, are facts the defense can challenge.
Most aggravated assault charges are second-degree felonies, punishable by:
Some aggravated assault charges are first-degree felonies, punishable by 5 to 99 years or life in prison and a fine of up to $10,000. That includes cases where the State alleges you:
Prior felony convictions can push the range higher. And when a judgment includes a deadly weapon finding, a judge cannot place you on regular probation and parole eligibility is delayed. That is why fighting the deadly weapon allegation can matter as much as fighting the charge itself.
The full breakdown, including probation, deferred adjudication and enhancements, is in our Texas aggravated assault penalties guide.
A felony conviction follows you after the case ends. It can cost you the right to own a firearm, show up on every background check, and make it harder to find work, rent a home or keep a professional license. For anyone who is not a U.S. citizen, a violent felony charge can also carry serious immigration consequences. These stakes are part of every decision in the case, including whether to accept a plea offer.
No two cases are the same. The defense is built from the evidence in your case, not from a script. These are the areas BP's office looks at first.
The police report and the medical records do not always say the same thing. BP's office gets the records, looks at what the treating providers actually documented, and tests whether the injury meets the legal definition. If the State cannot prove serious bodily injury, and no deadly weapon is involved, an aggravated assault charge may not hold.
Was there really a weapon? Was it actually used or shown during the assault? Was the object capable of causing death or serious bodily injury in the way it was used? Witnesses in fast, stressful situations often get these details wrong. Knocking out the deadly weapon element can reduce a felony to a misdemeanor, or remove a deadly weapon finding that would limit probation and parole.
Texas law allows you to use force, and in some situations deadly force, when you reasonably believe it is immediately necessary to protect yourself or someone else. Many aggravated assault arrests come from fights where both sides were swinging and police had to sort out who started it. A self-defense claim depends on the details, so it has to be investigated and supported early. Read more about aggravated assault and self-defense in Texas.
A threat-based aggravated assault requires proof that you acted intentionally or knowingly. An injury that happened by accident is not the same as an injury caused on purpose. The facts around what you meant to do, and what you knew, can change the charge or defeat it.
Aggravated assault cases often come from bars, parties, traffic disputes and family arguments. People are upset, sometimes drinking, and often have reasons to tell the story a certain way. Inconsistent statements, outside motives and mistaken identification all go to whether the State can prove its case beyond a reasonable doubt.
Body camera footage, surveillance video, phone videos and 911 recordings can tell a very different story than the arrest report. Some of this evidence is overwritten or lost within days, so the defense needs to move quickly to request and preserve it. Physical and forensic evidence can also undercut claims about a weapon or how an injury happened.
As a former police officer, Brian Powers knows how investigations are supposed to be done and where they tend to go wrong. If your statements were taken in violation of your rights, or evidence was gathered through an unlawful search, the defense can ask the court to keep it out.
When the evidence is strong, negotiation may lead to a reduced charge, removal of the deadly weapon allegation, or an outcome such as deferred adjudication. As a former felony prosecutor, BP knows how the other side evaluates a case and what moves them. Any offer is your decision to accept or reject. Before you take one, read about the hidden risks in an aggravated assault plea bargain. When a fair offer is not on the table, the case is prepared for trial.
Plenty of criminal defense lawyers in San Antonio can file motions and show up to court. What BP brings is time spent on the other side. He has charged felony assault cases as a prosecutor, set bond on them as a magistrate judge and investigated them as a police officer. That experience helps him spot what the State will struggle to prove and what a prosecutor needs to see before reducing a charge. It shapes a defense built around your facts, from the first bond hearing to a jury trial if one is needed.
After an arrest, a magistrate sets bond and any conditions of release. In aggravated assault cases those conditions often include no contact with the alleged victim, and sometimes a ban on possessing firearms or other restrictions. As a former magistrate judge, Brian Powers knows what judges weigh when they set bond and conditions, and he can ask for changes when the conditions are unreasonable.
Felony cases in Bexar County are heard in the district courts. Before the case goes forward, a grand jury decides whether to indict. Early defense work, before indictment, can sometimes affect what charge is filed.
No. Once a case is filed, the decision belongs to the prosecutor, not the person who called the police. The alleged victim's wishes can matter in negotiations, but the State can keep going without their support.
Yes. Threatening someone with imminent bodily injury while using or exhibiting a deadly weapon can be aggravated assault even if no one was touched.
Yes. In Texas it is at least a second-degree felony. If the State cannot prove the serious bodily injury or deadly weapon element, though, the case may be reduced to a misdemeanor assault or another lesser offense.
It depends on the charge, your record and whether there is a deadly weapon finding. Probation and deferred adjudication are possible in some cases. The penalties guide explains how this works.
As soon as possible, ideally before you talk to police and before evidence like surveillance video disappears.
An aggravated assault charge is serious, but it is still an accusation. The State has to prove every part of it. Brian Powers Law offers a free, confidential consultation so you can understand the charge, your options and what happens next. Call (210) 222-9446 or contact us online.