Monday

Houston Aggravated Assault


Aggravated 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 17 
years with trial successes, case dismissals and many no bills by the 
Grand Jury, he has the skills and talent to defend you in court. 
You can call James Sullivan right now 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.