Have you been accused of aggravated assault? There are several scenarios in which someone may be charged with aggravated assault with a deadly weapon when they were actually acting in self-defense or defense of others.
Maybe someone you love was being threatened by another person who had a knife or a gun, or someone assaulted you and tried to strike you repeatedly when you were down on the floor, causing you to behave in a way that you believed was justified.
Being charged with aggravated assault with a deadly weapon Texas can be unnerving, especially if you acted in self-defense.
Aggravated Assault Vs. Simple Assault
The Texas penal code defines the crime of aggravated assault with a deadly weapon in Section 22.02. It basically means that if you knowingly cause serious bodily injury to another person with a deadly weapon, then you’ve committed aggravated assault.
The first thing you need to understand is that the difference between aggravated assault and simple assault is the use of a deadly weapon. A deadly weapon can be anything from a gun or knife to an object that can be used as a weapon, such as a tire iron or baseball bat.
The second thing you need to know is that Texas law considers assault with a deadly weapon to be one of the most serious crimes in the state. Twenty years of prison time and potentially $10,000 in fines are typically the maximum penalties you’ll face.
Your Rights After an Assault Arrest in Texas
You might be questioning what your rights are if you’ve been accused of aggravated assault with a deadly weapon.
Your right to remain silent is absolute and applies here. You’re not required to answer any questions asked by police officers or other law enforcement officials about any alleged crime, other than giving your name and address.
You may even refuse to give your name and address if doing so would incriminate you in an unrelated crime.
Unfortunately, if police have probable cause for your arrest, they may arrest you even if you totally refuse to answer their questions and invoke your right against self-incrimination.
The Fifth Amendment protects people who have been arrested from being forced into making statements that could be used against them in court, but it doesn’t apply once you’ve been arrested or otherwise deprived of your freedom.
Regardless of the circumstances, say as little as humanly possible and call a lawyer as soon as possible.
Get in Contact with a Lawyer
In certain cases, your lawyer will be able to negotiate with prosecutors to get your charges reduced. This is especially true if it’s your first offense. However, mandatory minimum sentences exist for certain criminal convictions.
Assault cases aren’t always cut-and-dry. If you’ve been charged with aggravated assault with a deadly weapon in Texas, call an experienced criminal defense attorney at Hoeller McLaughlin PLLC immediately for help at 817-334-7900. You can also reach us through the form below.