An Austin aggravated assault lawyer defends individuals charged under Texas Penal Code §22.02, which involves causing serious bodily injury or using a deadly weapon. These felony charges carry 2 to 20 years in prison, or up to life in certain cases.
Any aggravated assault allegation in Travis County is frightening and carries potentially lifelong consequences. In many cases, these allegations are based on conflicting accounts, incomplete evidence, or situations that escalated quickly in the heat of the moment.
A conviction can lead to prison time, a permanent record, and long-term consequences for employment and housing.
These cases often turn on whether prosecutors can prove serious bodily injury or the use of a deadly weapon beyond a reasonable doubt. Early legal intervention can affect whether charges are reduced or dismissed.
From this point forward, what matters most is how your defense is handled. An experienced Austin aggravated assault attorney will intervene early to shape the direction of your case and ensure that your rights are protected.
This is especially important in aggravated assault cases involving weapons or serious injury allegations, where early strategy can influence how charges are filed and negotiated.
Austin Aggravated Assault Lawyer
If you’re facing felony assault charges, having the right defense matters.
At Michael & Associates, our aggravated assault attorneys in Austin take a trial-ready, evidence-driven approach from day one. That means:
- Reviewing police reports, bodycam footage, and witness statements early
- Identifying inconsistencies or gaps in the State’s case
- Evaluating whether self-defense or legal justification applies
- Preparing your case for negotiation or trial from the outset
And while you’re hiring a single lawyer who will see your case through to resolution, you’re getting the experience of our entire team, which includes former prosecutors, law enforcement officers, and even an ex-FBI agent, all of whom will brainstorm with your attorney to help craft the best possible strategy. Our founder, Ben Michael, remains actively involved in firm strategy and case oversight.
Michael & Associates is often selected by clients facing aggravated assault charges in Austin because of its trial-ready approach, senior attorneys, and proven jury trial results.
Every case is different, and outcomes depend on the specific facts and evidence. But our lawyers are here to help you through the process and fight for the best possible outcome.
Travis County Aggravated Assault Charges
Aggravated assault is defined under Texas Penal Code §22.02.
A person may be charged if they:
- Cause serious bodily injury, or
- Use or exhibit a deadly weapon during an assault
A “deadly weapon” can include any object used in a way capable of causing death or serious bodily injury. It’s not limited to just firearms.
These cases are typically handled in Travis County district courts, where prosecutors rely heavily on:
- Police reports
- Body-camera footage
- Witness testimony
In many cases, charging decisions and plea negotiations are shaped early, which is why it’s critical to seek legal counsel as soon as possible.
In many Travis County cases, early charging decisions and negotiations can significantly influence the case's direction and outcome.
Habitual Felony Offender Enhancements in Texas for Aggravated Assault
Prior felony convictions can significantly increase the penalties you face under Texas law.
Under Texas law, a person may be considered a habitual felony offender if they have prior felony convictions. This can lead to enhanced sentencing under Texas Penal Code §12.42.
For aggravated assault cases, this can mean:
- Increased minimum prison time
- Loss of eligibility for certain forms of probation
- Exposure to significantly longer sentences
Because these enhancements depend on your criminal history, even older convictions can play a role. A careful review of prior records is often a necessary part of the defense strategy.
Penalties for Aggravated Assault in Travis County
Aggravated assault is typically charged as a second-degree felony.
Penalties for a second-degree felony in Texas include:
- 2 to 20 years in prison
- Up to $10,000 fine
Aggravated assault can be elevated to a first-degree felony in cases involving family violence, public servants, or specific protected individuals, including retaliation against witnesses or informants.
Penalties for a first-degree felony include:
- 5 to 99 years or life in prison
- Up to $10,000 fine
Additional penalties may include:
- A permanent criminal record
- Potential loss of firearm rights
- Difficulties finding employment or housing
- Immigration consequences for non-U.S. citizens
Defenses for Aggravated Assault Charges
Every case is different, but aggravated assault charges are often defensible depending on the facts and evidence. Many aggravated assault cases in Austin ultimately come down to credibility, context, and how the facts are interpreted by a jury.
In close cases, how the facts are framed and presented can significantly influence the outcome.
Possible defense strategies include:
- Self-defense or acting in defense of others (as established by Texas Penal Code §9.31 / §9.32)
- Lack of intent
- No deadly weapon or serious injury
- Mistaken identity
- Insufficient evidence
Contact an experienced Austin aggravated assault lawyer as soon as possible after any allegation of aggravated assault.
Real Michael & Associates Case Outcomes in Travis County
Charge: Aggravated Assault with a Deadly Weapon
Location: Travis County, 460th District Court
Allegations: Police alleged our client used a firearm during a brief encounter, leading to a felony charge. We obtained the full file, exposed conflicting witness accounts on key facts, and prepared for impeachment at trial. The State dismissed the case.
Result: Case Dismissed
Charge: Assault on a Public Servant
Location: Travis County, 450th District Court
Allegations: After a bar fight, our client was detained and accused of kicking an officer, resulting in a felony charge. Bodycam footage showed a chaotic scene with no clear intent, and no other footage supported the claim. We challenged the evidence, emphasized lack of intent and a clean record, and secured pretrial diversion.
Result: Case Dismissed
Related: More Austin assault case results
Additional Resources
- Texas Assault Laws: Texas Penal Code Chapter 22, which covers Assaultive Offenses, defines crimes against the person.
- RAINN: Provides free, confidential support, services, and information to violence survivors. Help is available 24/7 by phone, chat, or text.
- Travis County District Attorney Victim Services Division: Provides support to victims of violent crime as they navigate the criminal justice system.
Find an Experienced Aggravated Assault Lawyer in Austin
Facing any aggravated assault charge in Austin is serious, but taking quick legal action can increase your options.
Why Choose Michael & Associates for Aggravated Assault?
- Senior trial attorneys only (no junior handoffs)
- Former prosecutors on your defense team
- Trial-ready from day one
- Proven jury trial performance metrics
At Michael & Associates, our evidence-driven, trial-ready approach focuses on identifying and capitalizing on weaknesses in the State’s case and fighting for the strongest possible outcomes across a wide range of assault-related charges. While this page focuses on aggravated assault, we also defend cases involving public servants, bodily injury, strangulation, and the use of a deadly weapon, each of which involves different legal standards and defenses.
Our experienced Austin aggravated assault attorneys identify weaknesses early and use them to your advantage.
Based on internal 2025 jury trial data, Michael & Associates achieved approximately 65% favorable or partially favorable outcomes and an outright win rate of 50%. For comparison, Pew Research Center reports that the average trial conviction rate is about 82.6%, while the average acquittal rate at trial is about 17.4%.
If you or someone you care about is facing aggravated assault charges in Austin, Travis County, or the surrounding areas, including Georgetown, Belton, Round Rock, or Leander, act quickly. Early legal strategy can make a meaningful difference in how your case is resolved.
