How Do I Fight an Aggravated Assault Charge in Texas?

 Posted on March 21, 2026 in Criminal Defense

An aggravated assault charge in Texas can come from many different situations. A fight that escalated, an act of self-defense that was misread, or a version of events that doesn't match what actually happened can all lead to serious charges that deserve an aggressive defense. At The Meza Law Firm, PLLC, our Weatherford, TX aggravated assault defense lawyer can help you understand what you're up against and build the strongest possible defense for your case.

What Is the Difference Between Assault and Aggravated Assault in Texas?

Under Texas Penal Code § 22.01, a basic assault charge involves intentionally causing bodily injury to someone, threatening someone with bodily injury, or making physical contact with someone in a way they would find offensive.

Aggravated assault goes further. Under Texas Penal Code § 22.02, an assault becomes aggravated when it causes serious bodily injury to another person or when a deadly weapon is used.

A deadly weapon doesn't have to be a gun. Under Texas law, any object used in a way that could cause death or serious injury can qualify. That includes a car, a bat, or even a bottle.

What Are the Penalties for Aggravated Assault in Texas?

Aggravated assault is usually charged as a second-degree felony in Texas. That carries a prison sentence of two to 20 years and a fine of up to $10,000. In some situations, the charge can be raised to a first-degree felony.

This can happen when the alleged victim is a family member, a public servant, a security officer, or a witness in a legal case. A first-degree felony carries a prison sentence of five to 99 years. Those are life-changing consequences, which is why building a strong defense right away matters so much.

What Are the Most Common Defenses to Aggravated Assault in Texas?

There is no single defense that works for every case. The right approach depends on the facts of your situation. Common defenses include:

• Self-defense, which allows you to argue that you used force because you reasonably believed you needed to protect yourself from harm

• Defense of others, which applies when you acted to protect someone else from what you believed was an immediate danger

• Lack of intent, meaning the injury was an accident and not something you did on purpose

• Challenging the weapon classification by arguing that the object used does not meet the legal definition of a deadly weapon

• Insufficient evidence, meaning the prosecution cannot prove the elements of the charge beyond a reasonable doubt

An attorney will look at every detail of the case, including witness accounts, surveillance footage, medical records, and physical evidence, to find where the prosecution's case falls short.

When Does Self-Defense Apply to an Aggravated Assault Charge in Texas?

Self-defense is one of the most common defenses used in these cases. Texas law gives people strong rights to defend themselves. Under Texas Penal Code § 9.31, you are justified in using force when you reasonably believe it is immediately necessary to protect yourself from someone else's unlawful force.

Texas also has a Stand Your Ground law. That means you do not have to try to walk away before using force in self-defense. You just need to be somewhere you had a legal right to be and not engaged in criminal activity at the time. If the force you used matched the threat you faced, self-defense can be a strong argument in your case.

What Happens if a Deadly Weapon Was Involved in a Texas Assault Case?

When a deadly weapon is part of the charge, the stakes get higher. It can affect bail, sentencing, and qualification for early release. In Texas, a conviction with a deadly weapon finding can make you ineligible for certain forms of parole as well.

An attorney can challenge whether the object actually meets the legal definition of a deadly weapon. That argument is based on how the object was used and whether it was truly capable of causing death or serious injury in that specific situation.

Contact Our Tarrant County, TX Assault Defense Attorney Today

At The Meza Law Firm, PLLC, we have extensive experience in both criminal and immigration law. We understand the full range of consequences these charges can carry for you and the people who depend on you. We are committed to fighting to keep families together, and we give every client personal, one-on-one attention from start to finish. You will never feel like just another case here.

If you are facing aggravated assault charges, contact our Weatherford, TX aggravated assault defense lawyer today. Call 817-732-6392 to get started.

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