Houston Criminal Lawyer Jim Sullivan Defends Aggravated Assault Cases

                        Image via WikipediaAggravated Assault is a serious felony offense.  It is usually a second degree felony punishable by 2-20 years in prison, however there are exceptions listed below that qualify the offense as a first degree felony punishable by 5-99 years of life in prison.

If committed with a deadly weapon, the person must serve one-half the sentence or 2 years whichever is longer before being eligible for parole. Clearly, as shown by the Texas Penal Code set out below, this is a felony offense to be taken seriously. If you are charged with Aggravated Assault, you should contact an experienced Houston Criminal Defense Lawyer. Having represented over 3,000 clients in criminal and juvenile court over the past 18 years with trial successes, case dismissals and many no bills by the Grand Jury, Houston Criminal Defense Lawyers Jim Sullivan and Associates has the skills and talent to defend you in court. You can call them at 281-546-6428.

Sec. 22.02.  AGGRAVATED ASSAULT. (a) A person commits an offense

if the person commits assault as defined in Sec. 22.01 and the person:

(1)  causes serious bodily injury to another, including the person’s

spouse; or

(2)  uses or exhibits a deadly weapon during the commission of the

assault.

(b)  An offense under this section is a felony of the second degree, except

that the offense is a felony of the first degree if:

(1)  the actor uses a deadly weapon during the commission of the assault

and causes serious bodily injury to a person whose relationship to or

association with the defendant is described by Section 71.0021(b),

71.003, or 71.005, Family Code;

(2)  regardless of whether the offense is committed under Subsection

(a)(1) or (a)(2), the offense is committed:

(A)  by a public servant acting under color of the servant’s office

or employment;

(B)  against a person the actor knows is a public servant while the

public servant is lawfully discharging an official duty, or in

retaliation or on account of an exercise of official power or

performance of an official duty as a public servant;

(C)  in retaliation against or on account of the service of another

as a witness, prospective witness, informant, or person who has

reported the occurrence of a crime; or

(D)  against a person the actor knows is a security officer while

the officer is performing a duty as a security officer; or

(3)  the actor is in a motor vehicle, as defined by Section 501.002,

Transportation Code, and:

(A)  knowingly discharges a firearm at or in the direction of a

habitation, building, or vehicle;

(B)  is reckless as to whether the habitation, building, or

vehicle is occupied; and

(C)  in discharging the firearm, causes serious bodily injury

to any person.

(c)  The actor is presumed to have known the person assaulted was a public

servant or a security officer if the person was wearing a distinctive

uniform or badge indicating the person’s employment as a public servant

or status as a security officer.

(d)  In this section, “security officer” means a commissioned security

officer as defined by Section 1702.002, Occupations Code, or a

noncommissioned security officer registered under Section 1702.221,

Occupations Code.