Aggravated assault at its simplest can be considered more serious than a basic assault. The state of Texas doesn’t view “battery and assault” in the same regard that other states do. In several states, battery is bodily harm. The threat of harm is considered an assault into itself. Both are viewed as assault in Texas.
How does one face aggravated assault charges?
- A weapon is used while another person is being assaulted.
- Subsequently, that individual sustains serious injuries.
Each qualification raises some interesting questions. For example, what are weapons defined as? Assaulting somebody with a knife or gun can result in a charge of aggravated assault. However, what happens if you happen to be holding onto keys when a fight starts, and an individual is struck with those keys? Do car keys constitute as a weapon? Will any object that is used to harm someone (aside from somebody’s own hands) be considered a weapon? Law enforcement may believe that a weapon was used, even though you believe otherwise.
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“Serious injuries” is a bit of a gray area in the sense that that same action can result in a different charge. Let’s say you hit somebody once, and they get knocked down. If the individual lands in grass, they might get a bruise, but not notify the police. On the other hand, if they fall on a sidewalk, they might sustain some sort of brain injury after striking their head. You may wind up facing completely different charges, despite doing the exact same things in each situation.
If you are charged with either assault or perhaps aggravated assault with a deadly weapon, it is imperative for you to understand what your options are, as far as a legal defense is concerned. Your future is in jeopardy, so you should speak with the experienced defense attorneys at the Peugh Law Firm immediately. Call our office today for a free consultation.