Aggravated Assault Family Member Serious Bodily Injury

Brian Foley is a criminal defense lawyer in The Woodlands, Conroe, and Houston 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 team in Montgomery County, Texas.

What is Aggravated Assault Family Member Serious Bodily Injury?  

Aggravated Assault Family Serious Bodily Injury is charged by prosecutors when there is probable cause to believe that someone caused serious bodily injury.  Serious Bodily Injury is defined as "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."  In practice this means that a bruise or even a broken rib will not normally qualify for Serious Bodily Injury.  A broken  hip or femur almost certainly would.  Other injuries that are less severe can still constitute as serious bodily injury like a permanent scar to someone's face could be labeled as "permanent disfigurement." 

Is this the same as Deadly Weapon Assault?

No.  Aggravated Assault Family Member based on serious bodily injury does not require the use of a firearm or other deadly weapon.  However if one was used and serious bodily injury was caused then an Aggravated Assault Family Member becomes one level higher and is charged as a first degree instead of second degree felony.​

 

What about self-defense? 

If you have been charged with Aggravated Assault Family member Serious Bodily Injury you may have the legal defense of Self-defense available to you.  Self-defense is known as an affirmative defense under Chapter 9 of the Texas Penal Code.  An affirmative defense means that your lawyer must raise the issue through the evidence presented at trial in order for the judge to give a jury instruction on self-defense.  Once the judge gives the jury an instruction on self-defense the prosecution has to disprove self-defense beyond a reasonable doubt.   

 

Examination of the Evidence is important in determining your claim of Self-Defense.  The following evidence is likely to be the most important: 

  • 911 recordings

  • Witness statements

  • Photos and video evidence collected by police and others.

  • Prior statements of the alleged victim.

  • Phone data and texts between the client and alleged victim. 

What is the punishment for Aggravated Assault Family Member Serious Bodily Injury?

Aggravated Assault Family Member Serious Bodily Injury is a 2nd Degree Felony and has a punishment range of 2-20 years in prison and up to a $10,000 fine.   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).  A judge cannot give probation for this type of an offense once a jury has found someone guilty.  A judge may, however, grant deferred probation upon a plea of guilty.   

If you are charged with Aggravated Assault Family Member Serious Bodily Injury and a deadly weapon is also used then the punishment range increases to a 1st Degree Felony with a punishment range of 5-99 years or life in prison.

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AGGRESSIVE ASSAULT DEFENSE

FORMER CHIEF PROSECUTOR

MEMBER OF DOMESTIC  VIOLENCE UNIT