If committed with a deadly weapon, the person must serve one-half the
sentence or 2 years whichever is longer before being eligiblefor parole. Clearly, as shown by the Texas Penal Code set out below,this is a felony offense to be taken seriously. If you are chargedwith Aggravated Assault, you should contact an experienced HoustonCriminal Defense Lawyer. Having represented over 3,000 clients in
criminal and juvenile court over the past 17years with trial successes, case dismissals and many no bills by theGrand Jury, he has the skills and talent to defend you in court.You can call James Sullivan at 281-546-6428.Sec. 22.02. AGGRAVATED ASSAULT. (a) A person commits an offenseif the person commits assault as defined in Sec. 22.01 and the person:(1) causes serious bodily injury to another, including the person'sspouse; or(2) uses or exhibits a deadly weapon during the commission of theassault.(b) An offense under this section is a felony of the second degree, exceptthat the offense is a felony of the first degree if:(1) the actor uses a deadly weapon during the commission of the assaultand causes serious bodily injury to a person whose relationship to orassociation 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 officeor employment;(B) against a person the actor knows is a public servant while thepublic servant is lawfully discharging an official duty, or inretaliation or on account of an exercise of official power orperformance of an official duty as a public servant;(C) in retaliation against or on account of the service of anotheras a witness, prospective witness, informant, or person who hasreported the occurrence of a crime; or(D) against a person the actor knows is a security officer whilethe 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 ahabitation, building, or vehicle;(B) is reckless as to whether the habitation, building, orvehicle is occupied; and(C) in discharging the firearm, causes serious bodily injuryto any person.(c) The actor is presumed to have known the person assaulted was a publicservant or a security officer if the person was wearing a distinctiveuniform or badge indicating the person's employment as a public servantor status as a security officer.(d) In this section, "security officer" means a commissioned securityofficer as defined by Section 1702.002, Occupations Code, or anoncommissioned security officer registered under Section 1702.221,Occupations Code.
Houston Aggravated Assault
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.