What is the Law for Assault with a Deadly Weapon in Texas?
- Justin Sparks
- Jul 1
- 8 min read
One of the most serious violent offenses under Texas law is assault with a deadly weapon. Also referred to as "aggravated assault," this is a crime that involves an act done to either cause serious bodily injury or is committed when exhibiting a deadly weapon.
Those who are facing these charges in Fort Worth need to understand the law and how it's applied to these acts. It's also important to understand the potential penalties and why it's essential to have a criminal defense lawyer working on the case. The can explain the role of intent in Texas assault charges.

Understanding Assault Laws in Texas
In order to fully understand what is meant by "assault with a deadly weapon," it can be helpful to start with the basics of Texas law and how assault is defined.
Assault in Texas - What is It?
Texas Penal Code § 22.01 defines assault as the following:
Intentionally, knowingly, or recklessly causing bodily injury to another. This includes the person's spouse and other people.
Intentionally or knowingly threatening another person with imminent bodily injury.
Intentionally or knowingly causing offensive or provocative physical contact with another person.
Most often, simple assault cases are misdemeanor crimes. However, using a deadly weapon during the assault can elevate the charges to a felony crime.
Understanding What Constitutes Assault with a Deadly Weapon
Texas Penal Code § 22.02 defines aggravated assault, which is assault with a deadly weapon, as:
Causing serious bodily injury to another person
Committing the crime with a deadly weapon
What is a Deadly Weapon?
The big question that most people have when facing these charges is "what is a deadly weapon?"
Texas Penal Code § 1.07(a)(17) defines a deadly weapon as:
Any object that is designed or adapted to inflict serious bodily injury or death. Examples include knife, gun, and firearm.
Any object that, when used in a manner to inflict bodily harm, could result in death or serious bodily injury to another. It could be almost any object if the person intentionally has the goal of inflicting death, injury, or offensive physical contact. Examples of these objects include: car, bat, bottle, screwdriver, broken glass, wooden board, etc.
Because the definition is so broad, prosecutors can claim that almost anything used in an assault could be a deadly weapon, from a utensil to a motor vehicle.
Those facing these crimes need a criminal defense lawyer to help create a strong and powerful defense, as there is a substantial risk of many years in prison.
Examples of Assault with a Deadly Weapon
Here are some examples of actions that can lead to assault with a deadly weapon charges in Texas:
Pointing a loaded gun at another person during heated argument, even if they do not take a shot
Using a knife in a fight
Hitting another person with a crowbar, baseball bat, or similar object
Driving a vehicle towards another person with the intention of harming them or causing death
Throwing a brick at someone during a peaceful protest
One of the things that people often don't understand about assaultive conduct is that it's totally possible a person can be charged with assault even if they don't make physical contact or cause injury.
Penalties for Assault with a Deadly Weapon in Texas
When a person commits assault in Texas, they can be charged with a misdemeanor or a felony. In general, assault with a deadly weapon is classified as a second-degree felony. However, these charges can be elevated to a first-degree felony in some cases.
When Does It Become a First-Degree Felony?
In some cases, a misdemeanor or second-degree felony can be elevated to a first-degree felony. This often happens in the following situations:
The victim is a public servant acting in their official duty. This includes police officers, paramedics, both commissioned security officers and noncommissioned security officer, registered nurses, doctors, judges, jurors, elected officials, etc.
The victim is in a domestic relationship with the accused, or a family member, roommate, or romantic partner.
The victim is a prospective witness in a case against the accused.
The defendant is a repeat offender or has a history of gang-related crime.
These accusations are extremely serious, and if convicted, the person could spend decades in prison.
Felony Classification
In most cases, assault with a deadly weapon is considered a second-degree felony. This charge has the possibility of 2 to 20 years in prison and fines of up to $10,000. If the charge is elevated to a first-degree felony, the accused will face 5- 99 years in prison, with the possibility of life imprisonment. They also may get fines of up to $10,000.
Collateral Consequences of a Felony Conviction
In addition to jail time and/or fines, a conviction for assault with a deadly weapon and affect other parts of the accused person's life.
For instance, they could lose their right to own a gun, they might have difficulties finding a home or employment, and they might lose a professional license. Non-US citizens could be deported, and if convicted of this crime, the person will have a felony criminal record.
The top criminal defense lawyers in Fort Worth can help to build a defense, however, and get charges dropped, dismissed, or deferred. Charges can also be reduced from a first-degree felony to a second-degree felony or even a misdemeanor.
How a Lawyer Can Help - Charges of Assault with a Deadly Weapon
A strong legal defense is imperative for anyone who is facing charges of assault with a deadly weapon. It could be the difference between freedom and having a felony conviction.
Here are some of the defenses a lawyer can use to help their clients facing these felony charges:
Self-Defense or Defending Others
Texas law allows a person to use force, including deadly force, if they believe that their life, or the life of someone else, is in danger.
To use this defense, the criminal defense attorney will need to show that their client reasonably believed that they were in danger, and that the use of force was proportional to the threat. This means that if the defendant was in a fight and someone tries to punch them, they must meet that threat with proportional force, i.e. another punch, a shove, etc. Pulling a weapon, however, may not be seen as proportional, as a knife or gun is more dangerous, in most cases, than a punch.
The attorney must also show that the defendant did not provoke the other person and that they were lawfully discharging a firearm or other weapon during the act. (i.e. self-defense)
Lack of Intent
The prosecution must prove that the accused person intended to commit the assault. An accident, for instance, causing the alleged person assaulted to have a traumatic brain injury, would not fall into that category. If the accused person knowingly discharged a weapon, this could not be a defense.
False Allegations and Mistaken Identity
In some cases, mistaken identity or false claims of a crime may come into play. This is common in domestic disputes or in a chaotic scene where many people are involved and on scene. A criminal defense lawyer can show that their client was not the person who committed the crime.
No Use or Display of a Deadly Weapon
Sometimes a prosecutor will elevate a charge of simple assault to a felony assault by claiming the defendant used a deadly weapon during the commission of a crime when they did not use such a weapon. A skilled defense attorney can argue that the item in question wasn't capable of causing death or serious harm.
Lack of Evidence
A person cannot be convicted of a crime without the prosecution proving they are guilty beyond a reasonable doubt. Tactics like challenging a witnesses credibility, showing inconsistencies in a police report, or proving that forensic evidence was tainted can all bring doubt.
The Importance of Legal Representation
Assault with a deadly weapon is a serious felony charge. It comes with steep penalties that can put a person in jail for many years, affect the person's employment, and affect their life for the rest of their life. This is why it's vital to hire a Fort Worth criminal defense attorney. A lawyer will:
Thoroughly investigate the case
Challenge evidence
Try to reduce the charges or dismiss the case
Negotiate plea deals
Represent the client in court
A defense attorney and their team will also work with expert witnesses, investigators, and others in order to build a solid case.
How Cases Are Handled in Tarrant County
In Tarrant County, the district attorney's office is very aggressive towards those who allegedly commit assault with a deadly weapon. Law enforcement officers may only have limited evidence when arresting a suspect, and prosecutors will quickly file charges.
Once a suspect is charged with assault with a deadly weapon, they must attend an arraignment. This is where the suspect will hear the charges against them and enter a plea.
At this point, pretrial motions or plea negotiations might occur. If there is no resolution, the case will go to trial.
The process can be long; often taking many months or even years. The emotional toll on the accused party and their family can also be difficult to handle. A skilled criminal defense attorney can guide a suspect through the legal process and work towards a favorable outcome.
Assault with a Deadly Weapon and Domestic Violence
In Texas, domestic violence cases that involve weapons often almost immediately elevate a second-degree assault to a first-degree felony. If the alleged victim is one of the following, the charges could turn into a first-degree charge:
Spouse or ex-spouse
Romantic partner
Parent of a shared child
Roommate
If a weapon is used during the assault, the stakes are even higher. Courts in Tarrant County take these charges very seriously. Prosecutors will seek the highest charges possible, and courts often issue protective orders in these cases.
The prosecution will also seek harsher penalties if the accused has prior domestic violence charges or convictions.

Juveniles and Assault with a Deadly Weapon
A minor who is charged with assault with a deadly weapon can still face serious penalties. Though the state of Texas often works with juveniles by offering opportunities for rehabilitation or diversion programs designed to help the minor, when a deadly weapon is involved, a minor can be charged as an adult and tried in an adult court.
If this juvenile is convicted in an adult court, they face the same penalties as an adult. This can include several years in prison. A defense attorney may fight to keep the case in juvenile court or argue that a diversion program or rehabilitation is a better option.
Can a Felony Assault Charge Be Expunged in Texas?
In most cases, a felony conviction cannot be expunged in Texas. However, if the charges are dismissed, or the suspect is found to be not guilty, the record of the charge can be removed, or the record can be sealed, meaning it is hidden from public view.
Protecting the Future Starts with the Right Defense
In Texas, assault with a deadly weapon is one of the most serious charges a person can face. The consequences of this charge are life-altering, and prosecutors will do their best to get the highest sentence possible. However, a charge doesn't mean an automatic sentence.
A Fort Worth criminal defense lawyer can help individuals accused of these crimes to have the best possible outcome. They can also help with providing insight on the penalty for assault on a public servant in Texas.
The team at Sparks Law Firm have more than 100 years of combined experience, and they understand Texas laws that pertain to assault with a deadly weapon. The team is dedicated to helping the accused parties get a fair trial, and will create the best possible defense.
These cases are often complicated. They may involve terrible outcomes like serious permanent disfigurement, physical pain for years, or irreversible paralysis. Though this, of course, is devastating, the accused person may have had a lawful reason to commit the act, or they didn't commit the act at all.
Those who have been arrested for, or believe they may get arrested for, assault with a deadly weapon should reach out to Sparks Law Firm as soon as possible. The sooner legal help is obtained, the better the outcome could be.
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