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Aggravated Assault Family Member Deadly Weapon

Brian Foley is a criminal defense lawyer in Conroe, Texas and helps people charged with Aggravated Assault Family Member cases in Houston, Conroe, the Woodlands, and the surrounding area. Brian was a former chief prosecutor and member of the Domestic Violence Unit in Montgomery County, Texas.

What is Aggravated Assault Family Member – Deadly Weapon?  

Aggravated Assault Family member is a criminal charge that is filed in Texas when there is probable cause to believe that someone used or exhibited a deadly weapon during an Assault against a family member, household member, or a person they were dating.  Unlike misdemeanor assault causing bodily injury, Aggravated Assault does not require that the alleged victim feel pain or have any physical mark.  If you threaten someone with a gun or other deadly weapon, then you can be charged with Aggravated Assault.  Some common scenarios which result in Aggravated Assault Family Member cases being filed are, domestic disputes, roommate arguments, arguments between adult family members, and accidental discharges within a residential area.  

What is a deadly weapon?

Many things can be classified as a deadly weapon.  Texas Penal Code 1.07 (17) defines “Deadly Weapon” as a firearm or anything that could inflict death or serious bodily injury on someone.  Here is a list of things that could be classified as a deadly weapon depending on how they are used:

  • Firearm

  • Butcher Knife

  • Bat

  • Crossbow

  • Blunt weapon like a Mace

  • Large Pipe

  • Machete

  • Hatchet or Ax

  • Motor Vehicle

  • Your hands

  • Poisonous dart frog (if thrown purposely at another)


What about self-defense? 

If you have been charged with Aggravated Assault Family member - Deadly Weapon in Montgomery or Harris County, you may have been acting in self defense.  Self-defense is a legal defense called an affirmative defense and is specifically listed under the Texas Penal code.  Your lawyer must raise evidence of self-defense during a trial for the jury to receive an jury charge that allows for the jury to find you not guilty based on the use of self-defense.    

In a deadly weapon case the use or exhibition of deadly force must be immediately necessary in order to be justified.  

Investigation of the following evidence could lead to finding evidence of Self-Defense: 

  • 911 call recordings

  • Written witness statements

  • Pictures and body camera evidence collected by police and others.

  • Evidence of prior misconduct on the part of the alleged victim.

  • Text messages or other recorded information or threats from the alleged victim. 

What is the punishment for Aggravated Assault Family Member Deadly Weapon?

Aggravated Assault Family Member – Deadly Weapon is a 2nd Degree Felony and has a punishment range of 2-20 years in prison and up to a $10,000 fine.  A deadly weapon finding or a conviction for Aggravated Assault Family Member can carry a delay in the eligibility for parole.  Aggravated Assault or crimes involving a deadly weapon finding are classified under Texas Code of Criminal Procedure 42.054(a) which used to be called Section 3(g).  This means that a judge cannot give probation for this type of an offense once a finding of guilt has been made by a jury.  However, a judge may give a deferred probation upon a plea of guilty and suspending the finding of guilt for the length of the probation.  Getting a deferred adjudication probation may be a great way to keep from going to prison in an Aggravated Assault Family Member case.





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