Frisco, TX Assault With a Deadly Weapon Attorneys

Skilled Lawyers Defending Against Aggravated Assault Charges in Frisco, Texas

Aggravated assault with a deadly weapon is one of the most serious charges related to assault that a person can face under Texas law. Unlike simple assault, which may involve minor injuries, threats, or "provocative" contact, aggravated assault may involve the use or display of a deadly weapon, the infliction of serious bodily harm, or both. These charges can carry enhanced penalties, including lengthy prison sentences.

If you have been accused of aggravated assault with a deadly weapon, the Frisco criminal defense attorneys at Barbieri Law Firm can take immediate action to protect your rights while working to build a successful defense strategy. With a strong understanding of how these cases are prosecuted and the legal defenses that may be available, our team will develop a thorough, fact-based defense focused on avoiding a conviction or reducing the severity of your potential penalties.

What Is Aggravated Assault With a Deadly Weapon in Texas?

Under Section 22.02 of the Texas Penal Code, a person may be charged with aggravated assault if they intentionally or recklessly act in ways that result in serious bodily injuries or if they use or exhibit a deadly weapon during the commission of an assault.

A "deadly weapon" may include any firearm, knife, blunt object, or other instrument that can cause a serious injury or death. Even items that are not typically considered weapons may be treated as deadly weapons if they are used in a way that can cause substantial harm. For example, using a car to intentionally strike someone could result in charges of aggravated assault with a deadly weapon.

Other examples of situations where charges of aggravated assault with a deadly weapon may apply include:

• Pointing or firing a gun at another person, even if no one is injured
• Using a knife during a fight
• Striking someone with a heavy object, such as a bat or pipe

Circumstances That Can Increase the Severity of Aggravated Charges

Aggravated assault is typically classified as a second-degree felony, and a conviction may result in two to 20 years of prison time, as well as a potential fine of as much as $10,000. However, charges of aggravated assault with a deadly weapon may be classified as a first-degree felony in certain situations, and a conviction may result in a prison sentence of between five and 99 years. These situations may include:

• Assault Against a Family Member or Intimate Partner: If a deadly weapon was allegedly used during assault that is classified as family violence, and the alleged victim suffered a serious bodily injury, first-degree felony charges may apply.
• Assault Resulting in Paralysis: If assault with a deadly weapon allegedly caused a person to suffer a traumatic brain injury or spinal cord injury that resulted in permanent paralysis, the charge may be elevated to a first-degree felony.
• Assault on a Public Servant: When the alleged victim of an aggravated assault is a police officer, EMT, firefighter, or other public servant who was performing official duties, a person could be charged with a first-degree felony.
• Firing a Weapon From a Vehicle (Drive-By Shooting): A person accused of discharging a firearm from a motor vehicle toward a building or vehicle and causing a bodily injury or causing someone to fear that they will suffer a bodily injury may face first-degree felony charges.

Defense Strategies Against Aggravated Assault Charges

Because of the serious penalties that may apply when a person is convicted of aggravated assault with a deadly weapon, a strong, proactive defense can be essential. The attorneys at Barbieri Law Firm work to develop effective defense strategies by performing a full investigation into the facts, reviewing law enforcement procedures, and closely analyzing the evidence. Our strategies may include:

• Self-Defense or Defense of Others: Texas law allows a person to use force, including deadly force, in situations where they may believe that this is necessary to prevent themselves or others from suffering harm. If the alleged victim was the aggressor, or if the accused acted out of fear of death or serious injury, self-defense may be a viable defense.
• Lack of Intent: To convict a person on aggravated assault charges, prosecutors must prove that they acted intentionally. If a weapon was displayed without an intent to harm, or if an injury was caused unintentionally, our lawyers may be able to argue for a reduction or dismissal of charges.
• Challenging the Classification of an Object as a Deadly Weapon: Not every object is legally considered a deadly weapon. Our attorneys may challenge whether the item in question was actually used in a manner that was likely to cause serious harm.
• Insufficient or Contradictory Evidence: Aggravated assault cases often rely on witness statements, surveillance footage, or forensic evidence. If the evidence is weak, conflicting, or was obtained in violation of the defendant's rights, we may move to suppress it or argue for a dismissal.
• Negotiating Reduced Charges or Alternative Sentencing: In some cases, negotiating agreements with the prosecution can help a defendant avoid a felony conviction. Our lawyers will determine whether options such as deferred adjudication, probation, or plea agreements that reduce the charge to a misdemeanor offense may be available.

Contact Our Frisco Aggravated Assault Defense Lawyers

Aggravated assault with a deadly weapon is a serious charge that will require a strong legal defense. At Barbieri Law Firm, our lawyers are ready to help with these cases. By taking a direct, no-nonsense approach, we can help a defendant protect their rights and their freedom. Contact our Frisco, TX aggravated assault attorneys at 972-424-1902 to set up a free consultation.