What qualifies as aggravated assault in Texas?

In Texas, aggravated assault generally means allegations that someone caused serious bodily injury or used or exhibited a deadly weapon during an assault.

Is aggravated assault always a felony in Texas?

Yes, aggravated assault is charged as a felony offense in Texas. Many cases start as a second-degree felony. However, it can be elevated to a first-degree felony if it involves certain family violence aggravated assault allegations or targeting a public servant.

What is the punishment for aggravated assault in Texas?

The penalties depend heavily on the degree of the charge: Second-degree felony: 2 to 20 years in state prison and up to a $10,000 fine. First-degree felony: 5 to 99 years (or life) in prison.

Can aggravated assault charges be dismissed?

Yes. Charges are regularly reduced or even dropped. It typically happens when your lawyer can expose weak witness stories, show the injuries weren't actually "serious" by legal standards, prove that a weapon wasn't involved, or establish self-defense.

Can aggravated assault be charged without a weapon?

Yes. If the prosecution alleges that the victim suffered a serious enough injury, they don’t need a weapon to upgrade a simple assault to an aggravated charge.

What counts as a deadly weapon in Texas?

Texas defines deadly weapons broadly, and objects not traditionally considered weapons can qualify depending on how they were allegedly used. Prosecutors routinely argue that cars, tools, blunt objects, or even hands and feet became deadly weapons based on how they were used.

Can I claim self-defense in an aggravated assault case?

If you used a reasonable amount of force to protect yourself or someone else from immediate harm, yes. Winning that argument depends heavily on physical evidence, surveillance footage, and witness credibility.

Is aggravated assault probation eligible in Texas?

Sometimes. Some aggravated assault charges, especially those involving deadly weapon findings or other restricted offenses, can significantly limit probation eligibility. Whether community supervision is possible depends on the exact charge, criminal history, how the case resolves, and whether special sentencing rules apply.

Is aggravated assault a 3G offense in Texas?

Yes, specifically when it involves a deadly weapon. Texas law handles these under strict sentencing guidelines (now called 42A.054 offenses), which limits your probation options and may require serving a substantial portion of a sentence before parole eligibility.

What happens after an aggravated assault arrest in San Antonio?

You will be booked into the Bexar County Jail and see a magistrate judge to set your bond amount and conditions. From there, your case moves to a felony district court. Because San Antonio prosecutors move quickly on violent crime allegations, getting ahead of the narrative is crucial.

What if the alleged victim wants the charges dropped?

The victim doesn't have the final say. The State does. Especially in places like Bexar County, prosecutors routinely push forward with aggravated assault and family violence cases even if the complaining witness asks them to drop it.

Can aggravated assault be expunged in Texas?

Only if you win or your charges are dropped. Expunction is generally unavailable after conviction, though other limited post-conviction remedies may sometimes exist. If the case is dismissed, no-billed by a grand jury, or you're acquitted at trial, you can file for an expunction to completely wipe it clean.

How quickly should I hire an aggravated assault lawyer?

Right away. Early intervention is everything. A lawyer needs to lock down nearby surveillance footage before it's overwritten, track down independent witnesses, and fight for manageable bond conditions before the prosecution locks in their position.

San Antonio Aggravated Assault Lawyer | Felony Defense in Bexar County

San Antonio aggravated assault lawyers represent people facing serious felony charges under Texas Penal Code §22.02. Aggravated assault usually means someone is accused of causing serious injury or using a deadly weapon during an assault. Depending on the case, these charges can lead to prison sentences from 2 years up to life.

Facing an aggravated assault charge in Bexar County can be overwhelming. These cases often arise quickly from spur-of-the-moment confrontations, self-defense, domestic disputes, bar fights, or situations where witnesses disagree, and the facts are unclear.

A conviction can lead to prison, long-term felony criminal record consequences, loss of your right to own firearms, immigration problems, and major challenges in finding work or housing.

In many aggravated assault cases, the outcome depends on disputed facts. These include whether a serious injury really happened, if something counts as a deadly weapon, or if using force was justified under Texas law.

What happens at the start of your case can make a big difference. An experienced San Antonio aggravated assault lawyer can step in right away to protect your rights, save important evidence, and start building your defense.

San Antonio Aggravated Assault Lawyer

If you are facing felony assault charges, it’s important to have a defense plan from the very beginning.

At Michael & Associates, our San Antonio aggravated assault attorneys prepare for trial from the start and focus on evidence right away. This approach includes:

Reviewing police reports, body-camera footage, surveillance, and witness statements early
Identifying inconsistencies or evidentiary weaknesses in the prosecution’s case
Evaluating whether self-defense, defense of others, or legal justification applies
Challenging weak injury or deadly weapon allegations
Preparing the case for negotiation or trial immediately, not months later

When you work with Michael & Associates, a senior attorney will handle your case from beginning to end. That attorney is backed by a team that includes former prosecutors, former law enforcement, and an ex-FBI agent who helps review and strengthen your defense.

Our founder and managing partner, Ben Michael, stays closely involved in the firm’s strategy and oversight.

People facing serious violent charges choose Michael & Associates because we focus on trial preparation from day one. We don't just wait and hope for a quick resolution.

Every aggravated assault case is unique, with its own facts and evidence. We are ready to fight hard for the best possible result.

Bexar County Aggravated Assault Charges

Aggravated assault is defined in Texas Penal Code § 22.02.

A person may face aggravated assault charges if prosecutors allege that they:

Caused serious bodily injury to another person, or
Used or exhibited a deadly weapon during the commission of an assault

Texas law defines serious bodily injury as an injury creating a substantial risk of death or causing serious permanent disfigurement or prolonged loss or impairment of a bodily function. Not every injury meets this standard.

A deadly weapon is not limited to firearms. Depending on how an object was allegedly used, prosecutors may argue that knives, vehicles, blunt objects, or even everyday items qualify.

In Bexar County, aggravated assault cases are typically handled in district court. Prosecutors often rely heavily on:

Police reports
Body-camera footage
911 recordings
Witness testimony
Medical records
Photographs and forensic evidence

Decisions about charges and plea deals are often made early, especially in cases with weapons, family violence, or serious injury. Getting a defense lawyer involved quickly can make a real difference in your case.

Habitual Felony Offender Enhancements in Texas for Aggravated Assault

If you have prior felony convictions, you could face much longer sentences in aggravated assault cases.

Under Texas Penal Code §12.42, repeat felony offender enhancements may apply depending on a defendant’s criminal history.

Potential consequences can include:

Higher mandatory minimum prison sentences
Significantly increased sentencing ranges
Reduced eligibility for certain forms of community supervision

Sometimes, even older convictions can be used to increase your sentence.

Because these rules are complex, reviewing your criminal history carefully is an important part of building your defense early on.

What Happens in a Bexar County Aggravated Assault Case?

Felony aggravated assault cases in Bexar County move quickly, at least at the beginning. When allegations involve weapons, serious injuries, or family violence, prosecutors and judges take quick action.

After an arrest, most people are taken to the Bexar County Jail.

At the jail, you’ll be photographed, fingerprinted , and placed in a holding cell. You’ll appear before a magistrate judge, who will set bond and any bond conditions, typically within a relatively short time after arrest, often within 48 hours

Depending on the allegations you’re facing, bond conditions could include travel limits, firearm surrender requirements, alcohol monitoring, or other conditions.

In family violence assault cases, there could be additional restrictions, including no-contact conditions, emergency protective orders, and other restrictions that may affect living arrangements, child custody, and firearm possession.

After the arrest and booking process, the case slows down.

Aggravated assault charges are prosecuted as felonies, which means formal charging usually requires either an indictment from a grand jury or another authorized charging mechanism. Timing for this can vary widely depending on forensic evidence, witness availability, and the complexity of the case.

Felony cases typically proceed through the Bexar County Criminal District Court. Prosecutors will review evidence and decide whether to pursue formal charges. Pretrial hearings will begin.

These hearings may involve evidentiary motions, discovery disputes, plea negotiations, and trial scheduling.

Getting defense involved early in this process can shape the direction your case takes, as they will help secure key evidence, such as witness statements, digital communications, and surveillance footage, before it disappears.

Penalties for Aggravated Assault in Bexar County

Aggravated assault is usually charged as a second-degree felony.

Potential penalties include:

2 to 20 years in prison
Up to $10,000 in fines

Some allegations can raise aggravated assault to a first-degree felony, such as cases involving family violence, public servants, witnesses, informants, or other protected people under Texas law.

First-degree felony penalties include:

5 to 99 years or life in prison
Up to $10,000 in fines

Other possible consequences include:

Permanent felony criminal record
Loss of firearm rights
Difficulty securing employment or housing
Professional licensing consequences
Immigration consequences for non-citizens

Some aggravated assault charges may also limit your chances for probation, depending on the type of offense and the facts of the case.

Defenses for Aggravated Assault Charges

Just because you are charged does not mean the allegations can be proven.

Many aggravated assault cases depend on disputed facts, whether witnesses are believable, incomplete investigations, or legal questions about whether force was justified.

Potential defense strategies may include:

Self-defense or defense of others under Texas Penal Code §§9.31 and 9.32
Lack of intent
No serious bodily injury
No deadly weapon
Mistaken identity
False allegations
Insufficient evidence
Unreliable witness testimony
Constitutional violations in the investigation or arrest

In San Antonio aggravated assault cases, small details can make a big difference. One inconsistent witness, missing camera footage, or weak forensic evidence can change the outcome.

Real Case Outcomes in Bexar County

Charge: Aggravated Assault with a Deadly Weapon (Felony)

Location: Bexar County Criminal District Court

Case details: This domestic violence case involved allegations that the accused assaulted an intimate partner and threatened her with a kitchen knife during an argument. The defense identified major evidentiary weaknesses. The case shifted significantly when the complaining witness later recanted key allegations, described the incident as mutual, expressed uncertainty about whether a knife was involved, and sought modification of no-contact restrictions related to shared children.

Result: Dismissal

Additional Resources

Texas Penal Code Chapter 22 (Assaultive Resources): Texas assaultive offense statutes, including assault and aggravated assault.
Bexar County District Attorney’s Office Victim Assistance Program: Resources and support for crime victims navigating the criminal justice process.
RAINN: National confidential support resources for survivors of violence.

Why Choose Michael & Associates for Aggravated Assault

If you are facing aggravated assault charges in San Antonio, acting quickly can help protect your options before they are gone.

At Michael & Associates, we look for weaknesses in the prosecution’s case early and build strong defense strategies for serious felony cases.

Only senior trial attorneys handle your case. You will not be passed off to a junior lawyer.
Former prosecutors and ex-law enforcement professionals on your defense team
Trial-ready defense strategy from day one: Based on internal 2025 jury trial data, Michael & Associates achieved approximately 65% favorable or partially favorable jury trial outcomes, with an outright win rate of approximately 50%.
425+ years of combined attorney experience
800+ jury trials handled

We handle all types of assault charges, including assault with bodily injury, assault with a deadly weapon, assault on a public servant, domestic assault, and continuous family violence.

If you or someone you know is facing aggravated assault charges in San Antonio, Bexar County, or nearby areas like New Braunfels, Schertz, Converse, Leon Valley, or Universal City, talk to a defense lawyer right away.

Having a defense strategy early on can make a real difference.

Last reviewed for legal accuracy by Michael & Associates’ criminal defense lawyers in May 2026. Past results do not guarantee future outcomes.

Aggravated Assault