Aggravated Assault vs Attempted Murder: Know the Difference

Facing a violent crime charge in Texas can be overwhelming to say the least. Aggravated assault vs. attempted murder are both serious offenses, but the legal distinctions between them can have a huge impact on your case. Understanding how each charge is defined, what the prosecution must prove, and the potential consequences is crucial for protecting your rights and planning an effective defense.

If you’re confronting either charge, call Sellers Law Firm today at (817) 928-4222 to protect your rights and future.

Aggravated assault vs attempted murder: how they compare

At first glance, aggravated assault and attempted murder might seem like the same crime: both involve violence and harm to another person. But in Texas criminal law, they are distinct offenses with different legal elements, burdens of proof, and potential consequences.

Key Differences	Aggravated assault	Attempted murder
Intent	Does not require proof that the defendant intended to kill the victim	Requires that the state prove the defendant had a specific intent to kill and took an overt act toward that goal
Severity and Elements	Focuses on serious injury or deadly weapon use during an assault	Focuses on taking a substantial step toward causing a death with clear intent, even though the death did not occur
Burden of Proof	To secure a conviction for either offense, prosecutors must prove every element beyond a reasonable doubt. But the extra element in attempted murder — specific intent to kill — can make this charge harder to prove than aggravated assault.

What they have in common:

Both are felony offenses under Texas law with serious prison sentences and other long‑term consequences.
Both are violent crimes that can impact employment, civil rights, and personal freedom long after any prison term.
Evidence of weapon use, the nature of the attack, statements by the defendant, or surrounding circumstances can play roles in how each is charged and prosecuted.

What is considered aggravated assault?

Under Texas Penal Code §22.02, aggravated assault elevates a simple assault when:

The defendant causes serious bodily injury to another; or
The defendant uses or exhibits a deadly weapon during an assault.

A “deadly weapon” isn’t just guns or knives — it can be anything that, in the way it’s used, is capable of causing death or serious injury.

Examples of aggravated assault

Shooting or stabbing another person
Striking someone with a baseball bat or other object capable of serious injury
Threatening someone with a weapon in a way that puts them at risk of grave harm

These factors escalate an otherwise simple assault (which might be a misdemeanor) into a felony assault offense.

How many years for aggravated assault?

The penalty for aggravated assault in Texas depends on how the crime is classified:

Second‑Degree Felony: Most aggravated assault cases fall here. Conviction carries 2 to 20 years in prison and up to $10,000 in fines.
First‑Degree Felony: The charge is elevated when certain circumstances apply, such as assaulting a public servant, a family member with serious injury and a weapon, or discharging a firearm recklessly into an occupied vehicle or building. This can result in 5 to 99 years or life in prison and up to $10,000 in fines.

Penalties are severe, and even a first felony conviction can change a person’s life forever.

That’s why having a skilled assault defense attorney is crucial. A lawyer can analyze the specific facts of the case, challenge evidence, explore defenses, and work to reduce or dismiss charges when possible.

What is attempted murder?

Attempted murder is an inchoate (incomplete) offense under Texas law. It applies when:

The defendant acted with the specific intent to kill another person; and
The defendant took an act beyond just preparation that “tended but failed” to complete the killing.

In other words, the person must have gone beyond thinking about committing murder — there must be a clear substantial step toward completing it.

This is a more restrictive standard than for aggravated assault, because intent to kill is essential — recklessness or general harmful intent isn’t enough for attempted murder.

Is attempted murder a felony?

Yes. Attempted murder is generally charged as a second‑degree felony in Texas.

However, in certain scenarios — such as when the intended victim is a law enforcement officer or other protected class — the charge may be enhanced to a first‑degree felony, which carries even harsher penalties.

How many years do you get for attempted murder?

If convicted of attempted murder in Texas:

As a second‑degree felony, a sentence can range from 2 to 20 years in prison plus up to $10,000 in fines.
If elevated to a first‑degree felony (e.g., when involving a protected victim or aggravating factors), punishment can be 5 to 99 years or life in prison, often with very limited parole options.

These punishments reflect the seriousness with which Texas treats a person’s intent to kill, even if they fail to complete the act.

Common defenses for aggravated assault and attempted murder

Facing a charge of aggravated assault or attempted murder can be overwhelming, but there are several defenses that a skilled Texas criminal defense attorney may pursue.

Self-defense

One of the most common legal arguments is self-defense. If you reasonably believed you were in imminent danger of serious bodily harm or death, and your actions were necessary to protect yourself, this can be a valid defense against both charges.

Defense of others

Another possible defense is defense of others — if your actions were aimed at protecting another person from immediate harm, this may reduce or even eliminate criminal liability. In some cases, lack of intent or mistaken identity can be critical. Since attempted murder requires proof of intent to kill, showing that there was no intent or that the wrong person was targeted can be pivotal.

Lack of evidence

Insufficient evidence is also a common defense. Prosecutors must prove every element beyond a reasonable doubt. If the evidence does not clearly demonstrate the use of a deadly weapon, serious injury, or a substantial step toward killing, charges may be reduced or dismissed.

Because each case is highly fact-specific, having an experienced criminal defense lawyer is essential to explore available defenses and build the strongest possible case for you.

Facing criminal charges? Know what you’re up against. Call Sellers Law Firm.

The differences between aggravated assault vs. attempted murder often come down to intent and legal elements, but to the average person, these distinctions can be subtle. What may seem like one type of violent act can underlie vastly different statutory requirements and sentencing ranges.

Both charges are complex and carry long‑term consequences beyond prison time, including:

Permanent criminal records
Loss of certain civil rights
Difficulty with employment and housing
Immigration consequences (if applicable)

Because of the high stakes, effective legal representation is essential. A seasoned criminal defense lawyer understands how prosecutors build their cases, what defenses may apply, and how to negotiate for reduced charges or alternative outcomes where appropriate.

If you or a loved one is facing aggravated assault or attempted murder charges in Texas, don’t wait to get help. Early involvement by an experienced defense attorney for murder can make a critical difference in the direction of your case.

Call Sellers Law Firm today at (817) 928-4222 to speak with a team that knows how to defend your rights and your future.

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