Aggravated Assault

Texas Aggravated Assault Defense Attorneys Dotzel Calhoun

Justin Dotzel and Luke Calhoun of Dotzel Calhoun represent individuals accused of Aggravated Assault, Aggravated Assault with a Deadly Weapon, and other serious violent offenses in Collin County, Dallas County, Tarrant County, Denton County, and throughout North Texas. Our attorneys are former Collin County Chief Felony Prosecutors who have handled thousands of criminal cases and nearly 200 jury trials.

What is Aggravated Assault in Texas?

Aggravated Assault charges can arise in different ways. Here are some of the most common:

• Aggravated Assault with a Deadly Weapon – Using, displaying, or even possessing a deadly weapon during an assault can turn a simple assault into a second-degree felony accusation, even if no one was seriously hurt.
• Aggravated Assault Causing Serious Bodily Injury – If the incident allegedly caused a victim significant or lasting injury—broken bones, major wounds, or life-altering damage—the State may pursue enhanced felony charges, regardless of whether a deadly weapon was used or exhibited.
• First-Degree Felony Aggravated Assault – In some situations, like accusations involving family members, law enforcement officers, or public servants, the charge is elevated to a first-degree felony—punishable by up to life in prison.

What makes an Assault “Aggravated”?

In Texas, a person commits Assault if he or she:

• Intentionally, knowingly, or recklessly causing bodily injury to another
• Intentionally or knowingly threatens another with imminent `bodily injury, or
• Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative

An Assault becomes “Aggravated” if the person commits an assault as defined above, and one of the two following items occurs:

• The person causes serious bodily injury to the other, or
• The person uses or exhibits a deadly weapon during the commission of the assault

What is “Serious Bodily Injury”?

“Serious Bodily Injury” means bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

What is a “Deadly Weapon”?

A “Deadly Weapon” means a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use that is capable of causing serious bodily injury or death

That means that you do not have to use a gun to be charged with Aggravated Assault with a Deadly Weapon. Common items that police officers and prosecutors use to charge people with Aggravated Assault with a Deadly Weapon include guns, knives, baseball bats, and motor vehicles.

Can a car be a “Deadly Weapon”?

Yes, if a car was allegedly intentionally or knowingly driven in a manner that is capable of causing serious bodily injury or death, a person could be charged with Aggravated Assault with a Deadly Weapon.

What is the Punishment for Aggravated Assault in Texas?

Generally speaking, the punishment range for Aggravated Assault in Texas is that of a Second Degree Felony, meaning 2 years to 20 years in prison and an optional fine not to exceed $10,000. That said, there are scenarios in which the punishment range can be elevated to the of a First Degree Felony, meaning 5 years to 99 years or Life in prison and an optional fine not to exceed $10,000:

• Aggravated Assault with a Deadly Weapon Involving Serious Bodily Injury to a Family Member: First Degree Felony
• Aggravated Assault to a Public Servant: First Degree Felony

What Defenses Apply to an Aggravated Assault charge?

Self Defense: Texas law allows a person to use force, and in some circumstances deadly force, when the person reasonably believes it is immediately necessary to protect against another person’s unlawful force or deadly force. Whether self defense applies depends heavily on the facts surrounding the confrontation.

Defense of Others: Texas law may also justify the use of force or deadly force to protect another person. These cases often turn on what the accused reasonably believed was happening to the person he or she was attempting to protect.

No Deadly Weapon: The State may allege that an object was used or exhibited as a deadly weapon even though it is not a weapon by design. Depending on the circumstances, the defense may challenge whether the object, or the manner in which it was allegedly used, actually satisfies Texas’s definition of a deadly weapon.

No Serious Bodily Injury: An aggravated assault allegation may be based on an accusation that the alleged victim suffered “serious bodily injury.” The nature and extent of the injuries, medical records, expert testimony, and the circumstances surrounding the injuries can all become important issues in determining whether that legal standard has been met.

Lack of the Required Mental State: Depending on the manner in which the offense is charged, prosecutors must prove the required mental state beyond a reasonable doubt. Evidence that an injury was accidental, unintended, or occurred differently than alleged may be important to the defense.

Mistaken Identity: In some cases, the dispute is simply whether the accused was the person who committed the alleged assault. Surveillance video, photographs, phone records, location information, eyewitness reliability, and other evidence may become critical.

Witness Credibility and Inconsistent Accounts: Aggravated assault cases frequently arise from chaotic confrontations involving multiple people, alcohol, weapons, or rapidly changing events. Inconsistencies between 911 calls, body-camera footage, witness statements, medical evidence, and later testimony can significantly affect the strength of the State’s case.

Insufficient Evidence: The State has the burden to prove every element of aggravated assault beyond a reasonable doubt. A defense may focus on weaknesses in the physical evidence, conflicting witness accounts, missing evidence, or an inability to establish one or more required elements of the offense.

Constitutional Violations: Evidence obtained through an unlawful search, an unconstitutional seizure, or an improperly obtained statement may sometimes be excluded from evidence. Suppression of important evidence can substantially affect how an aggravated assault case is prosecuted.

Can Self-Defense Apply in an Aggravated Assault Case?

Yes. Self-Defense is one of the most important defenses in many aggravated assault cases. Under Texas law, a person may use force when he or she reasonably believes the force is immediately necessary to protect against another person’s use or attempted use of unlawful force. Deadly force may be justified in more limited circumstances, including when a person reasonably believes it is immediately necessary to protect against another’s use or attempted use of unlawful deadly force or to prevent certain serious violent offenses.

Aggravated assault cases involving self-defense often turn on details such as who initiated the confrontation, whether either person displayed or used a weapon, prior threats, the relative size and strength of the people involved, witness accounts, video evidence, injuries, and what the accused reasonably believed was happening at the moment force was used.

Texas law also provides that, under certain circumstances, a person who is lawfully present, did not provoke the confrontation, and is not engaged in criminal activity has no duty to retreat before using justified deadly force.

Can an Aggravated Assault Charge be Thrown Out Before Indictment?

Before the State can proceed with most felony prosecutions, including Aggravated Assault, in a Texas district court, the case must be presented to a grand jury, who in turn makes a determination of whether enough evidence exists to justify returning an indictment of the case and requiring the person to answer the charges in court. Grand jury proceedings are secret, and unlike a trial, defense attorneys generally do not participate directly in the proceedings. That said, a criminal defense attorney sometimes can put his or her message in front of the grand jurors by way of a “grand jury packet.”

A grand jury packet is a collection of evidence and legal arguments that a defense attorney submits to the prosecutor with a request that it be presented to the grand jury. In an Aggravated Assault case, a defense attorney may elect to produce a grand jury packet. In doing so, the grand jurors may consider it when deciding whether or not to indict the case.

Can a person be charged with Aggravated Assault Before Being arrested?

Generally speaking, a person is placed under arrest, given the opportunity to bond out, and the case is later presented to a grand jury to determine whether enough evidence exists to justify returning an indictment of the case and requiring the person to answer the charges in court. That said, another procedure may be followed, which is called a “grand jury referral.”

A grand jury referral occurs when a detective, rather than obtaining an arrest warrant, simply “refers” the case to the District Attorney’s office to determine whether to present the case to the grand jury. This can happen in an aggravated assault case.

In the event that an Aggravated Assault case is “referred” to the District Attorney’s office, the prosecutor presents that case to the grand jury, and the grand jury indicts the case, an arrest warrant goes out for the indicted individual.

Should I speak with detectives?

A person accused Aggravated Assault should be extremely cautious about giving a statement to law enforcement without first speaking with a criminal defense attorney.

Detectives frequently contact suspects before an arrest has been made. The conversation may sound informal, and the detective may say that he or she simply wants to “hear your side of the story.” However, anything said during that interview may later be used as evidence.
Even an innocent person can create problems by attempting to explain facts without knowing the full allegation, making an inaccurate statement, or agreeing with an investigator’s characterization of events.

Declining to participate in an interview until you have consulted with an attorney is not an admission of guilt. A defense attorney can first determine what is known about the allegation, assess the risks and potential benefits of making a statement, and advise whether speaking with investigators is in the client’s best interest.

How Can a Texas Aggravated Assault Defense Attorney Help?

When the stakes are this high, you need a defense team with the knowledge, experience, and tenacity to fight for your life. A skilled attorney can:

• Conduct an independent investigation and review all forensic evidence
• Challenge unreliable witnesses or flawed police work
• Negotiate to reduce charges when possible
• Defend you relentlessly at trial to protect your future and your freedom

What experience does Dotzel Calhoun have with these types of cases?

Both founding partners have experience handling these cases from both sides of the courtroom (meaning as prosecutors as well as defense lawyers). As Chief Felony Prosecutors for the Collin County District Attorney’s office, both founding partners (Justin Dotzel and Luke Calhoun) handled, or supervised attorneys who were handling, over 100 Aggravated Assault cases. As criminal defense lawyers, Justin Dotzel and Luke Calhoun frequently handle Aggravated Assault cases. The issues that often come up while handling Aggravated Assault cases (such as self-defense, constitutional violations, admissibility of character evidence, and extent of injuries) also come up in numerous other types of cases that Justin Dotzel and Luke Calhoun handle on almost a weekly basis.

CASE RESULT

Aggravated Assault Causing Serious Bodily Injury – NOT GUILTY at Jury Trial

In a felony family-violence case, Justin Dotzel of Dotzel Calhoun represented a client who was charged with Aggravated Assault Causing Serious Bodily Injury. The charge carried a punishment range of 5 to 99 years or Life in prison. The client maintained his innocence, and Justin Dotzel took the case to jury trial.

After hearing the evidence and our defense challenges to the State’s allegations, the jury returned a verdict of NOT GUILTY.

This case is a reminder of an important distinction in criminal law: an arrest or accusation is not a conviction. When prosecutors elect to proceed with a case and an acceptable resolution cannot be reached, the State still bears the burden of proving every element of the allegation beyond a reasonable doubt.

Take Action Now

Dotzel Calhoun regularly represents clients in Collin County, including Plano, McKinney, Frisco, and Allen, Dallas County, Trrant County, Denton County, and throughout North Texas. If you or a loved one is facing a charge or accusation of Aggravated Assault, time is everything. The prosecution is already building its case—don’t wait to start building yours.

Contact Dotzel Calhoun today at (972) 372-9383, or info@dotzelcalhoun.com for a free and confidential consultation and case evaluation.