Austin Aggravated Assault Lawyer

According to the Texas penal code, you can be charged with aggravated assault if you knowingly, recklessly, or intentionally act in a way that causes serious bodily injury to an individual or use a weapon in a threatening way. Depending on the circumstances of the case, law enforcement can charge you with first- or second-degree felony assault, and both have stiff sentences that include prison time and fines if convicted. You also have to worry about the collateral damage, including losing your rights to bear arms and vote.

Right now, you’re probably terrified at the prospect of losing your freedom and reputation, but a charge doesn’t have to lead to a conviction. Contact our Austin aggravated assault lawyer to build your defense. You might be able to get your charges reduced or dismissed with help from an experienced assault defense attorney, so don’t delay.

Penalties for Aggravated Assault

You face life-changing penalties if convicted of aggravated assault, including:

  • Fines up to $10,000
  • Two to 20 years in prison for second-degree aggravated assault
  • Up to 99 years in prison for first-degree aggravated assault

Because the penalties are so severe, you do not want to face these charges yourself. Contact an Austin aggravated assault lawyer today to discuss your legal options.

What Is the Difference Between First- and Second-Degree Charges?

Aggravated assault is typically charged as a second-degree felony. However, the state can elevate the charges to first-degree assault under certain conditions.

First, you can be charged with first-degree aggravated assault if charged with domestic violence. Additionally, first-degree charges are filed when the alleged victim was an informant, witness, or public servant. In the case of a public servant, the assault must occur when the person is at work.

You can spend your entire life in prison if convicted of a first-degree aggravated assault, so don’t face the judge and jury alone. Reach out to our Austin aggravated assault lawyer to discuss your case. Our firm will work tirelessly to get the charges reduced or dismissed and advocate for you in court if necessary.

What Is Serious Bodily Injury?

You can be charged with first- or second-degree felony aggravated assault if the state determines you used a weapon or caused serious bodily injury. By definition, serious bodily injury puts the alleged victim at risk of death or caused fatal injuries. It’s also defined as an injury that causes permanent disfigurement, impairment, or protracted loss.

As you can imagine, there is a large grey area when determining if someone did or did not suffer a serious bodily injury. Thus, just because the state claims the alleged victim meets the criteria does not make it so. However, you will need to build a defense to go up against these charges. With that in mind, contact an Austin aggravated assault lawyer today.

Can the Alleged Victim Drop the Charges?

Sometimes, the alleged victim decides to stop cooperating with the prosecution. The individual might even ask the prosecution to drop the charges. However, the prosecutor is unlikely to stop the case even at the request of the alleged victim. This would open the door to witness intimidation, so cases generally move forward. Still, the alleged victim can testify on your behalf, but you cannot pressure the person to do so. Instead, talk to your Austin aggravated assault attorney if the alleged victim has stated he or she would like to help your defense.

What Happens If You Are Convicted of a Felony?

First and second-degree aggravated assault are felonies. As such, the impact of a conviction goes far beyond a prison sentence and fine. If you are convicted of the charges, you might not be able to own a firearm, and you could have trouble getting a job or renting housing. Additionally, existing child custody arrangements could be in jeopardy. These are just some of the long-term effects of a conviction. Fortunately, you can fight back with help from an Austin aggravated assault lawyer.

Why Choose Kimbrough Legal, PLLC?

  • Modern Law Firm – Our firm uses the latest technology to serve our clients. Clients can access the online portal to review their files any time of the day and night and connect with the firm via text message if desired.
  • Numerous 5-star Reviews – We have accumulated dozens of 5-star reviews on Google, Facebook, Yelp, and other websites. Also, Tychanika (Tycha) Kimbrough has a “Superb” rating on the legal website Avvo.
  • Community Focused – Our managing attorney, Tycha Kimbrough, provides various community services and pro bono work, including advocating for marginalized individuals, mentoring people, and volunteering with legal organizations.
  • By Your Side Every Step of the Way – We know that criminal and family law matters can be complex and confusing for clients, so we make the process as clear and simple as possible. Our team is available and communicative and guides clients through each step of the process.

Contact an Austin aggravated assault lawyer today to get started on your defense.


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