Tarrant County Aggravated Assault Lawyers
Being arrested for aggravated assault in Tarrant County can destroy your life as you know it. A conviction for a violent felony affects your freedom, your career, your family, and your future. Prosecutors take these cases seriously, and Tarrant County courts are known for aggressively pursuing violent crime convictions. If you’ve been accused of aggravated assault, you need experienced legal defense immediately.
At Sellers Law Firm, we understand what’s at stake. Our aggravated assault lawyers have represented individuals facing some of the most serious assault charges under Texas law. We know how police conduct investigations, how prosecutors frame their cases, and what it takes to expose weaknesses in the state’s allegations. When clients come to us, they’re often frightened and unsure of what to do next. We help them regain control by explaining the charges, evaluating the evidence, and developing a tailored defense strategy from day one.
If you or a loved one has been charged with aggravated assault in Dallas, Fort Worth, Arlington, Mansfield, or anywhere in Tarrant County or Dallas County, now is the time to act. Contact the criminal defense lawyers at Sellers Law Firm at (817) 928-4222 to schedule a consultation and discuss your rights, your options, and the defense strategies available to you.
What is considered aggravated assault?
Under Texas law, aggravated assault is defined in Texas Penal Code § 22.02. While a standard assault involves intentionally, knowingly, or recklessly causing bodily injury — or threatening someone with imminent harm — aggravated assault requires additional elements that elevate the charge to a serious felony.
You may be charged with aggravated assault if the state alleges that you:
- Caused serious bodily injury to another person, OR
- Used or exhibited a deadly weapon during the commission of an assault
“Serious bodily injury” generally means injuries that pose a substantial risk of death or cause long-term impairment, disfigurement, or loss of bodily function. Deadly weapons include firearms, knives, vehicles, and virtually any object used in a manner capable of causing serious injury or death.
Additionally, aggravated assault may be charged as a first-degree felony if certain circumstances apply — such as alleged assault against a family member, public servant, security officer, witness, informant, or if the assault allegedly occurred during a criminal street gang activity.
What is the average sentence for aggravated assault in Texas?
Aggravated assault penalties vary depending on whether the charge is filed as a second-degree felony or elevated to a first-degree felony. Sentencing depends on factors like the alleged victim’s status, whether a deadly weapon was involved, the defendant’s criminal history, and whether serious bodily injury is alleged:
|
Charge category |
Fines |
Jail time |
|
Aggravated Assault – Second-Degree Felony |
Up to $10,000 |
2 – 20 years in prison |
|
Aggravated Assault – First-Degree Felony (e.g., assault against family/household member, public servant, witness, or involving a deadly weapon with serious injury)** |
Up to $10,000 |
5 – 99 years or life in prison |
|
Aggravated Assault With a Deadly Weapon – Family Violence (more on this below) |
Up to $10,000 |
2 – 20 years or 5 – 99 years, depending on severity |
A conviction for aggravated assault leads to a permanent felony record, potential loss of gun rights, difficulty with employment, and long-term consequences that extend far beyond incarceration. This is why hiring an experienced aggravated assault lawyer is absolutely essential.
How long does aggravated assault stay on record?
In Texas, aggravated assault is a non-expungeable violent felony if it results in a conviction. That means it stays on your record forever unless:
- The charge is dismissed,
- You are acquitted, or
- You receive a non-conviction outcome that qualifies for expunction or nondisclosure (rare in violent felony cases)
Because aggravated assault is considered a violent offense, it cannot be sealed through a standard nondisclosure order the way some misdemeanors can. This is one of the major reasons defendants must consult with experienced defense counsel before accepting any plea deal.
What class is assault family violence in Texas?
“Assault family violence” refers to assault involving a family or household member, or someone with whom the defendant has an intimate or dating relationship. Under Texas Penal Code § 22.01, assault family violence can carry enhanced penalties depending on prior history and whether strangulation or suffocation is alleged.
|
Charge level |
Description |
Potential penalties |
|
Class A Misdemeanor |
Bodily injury to a family/household member or dating partner (no weapon, no strangulation, no serious injury) |
Up to 1 year in county jail and up to $4,000 in fines |
|
Third-Degree Felony |
“Impeding breath or circulation” (strangulation/suffocation) against a family or household member |
2 – 10 years in prison and up to $10,000 in fines |
|
Second-Degree Felony |
Serious bodily injury OR use/exhibition of a deadly weapon during an assault involving family violence |
2 – 20 years in prison and up to $10,000 in fines |
|
First-Degree Felony |
Deadly weapon and serious bodily injury to a family or household member, or repeated violent offenses with prior convictions |
5 – 99 years or life in prison and up to $10,000 in fines |
What is the best defense for aggravated assault?
There is no universal “best” defense because aggravated assault cases vary significantly based on the alleged facts, the presence of a weapon, the people involved, and the credibility of witnesses. However, an experienced Tarrant County aggravated assault lawyer could apply any of the following defenses:
- Self-defense, defense of others: Texas law allows individuals to protect themselves or others from harm. If you were threatened, attacked, or believed that serious injury was imminent, citing Texas self-defense laws can be a powerful argument.
- Lack of intent: Prosecutors must prove intentional, knowing, or reckless conduct. If the injury was accidental or unintentional, the charge may be reduced — or dismissed.
- False accusation: Disputes, arguments, and emotionally charged situations often lead to exaggerated or fabricated allegations. Demonstrating inconsistencies can undermine the state’s case.
- No serious bodily injury: If the alleged injuries do not meet the legal standard for “serious bodily injury,” the charge may be reduced from aggravated assault to simple assault.
- Deadly weapon misclassification: Challenging whether an object was truly used as a deadly weapon can significantly impact the charge.
- Constitutional violations: Unlawful searches, coerced statements, or mishandled evidence can result in suppression of key evidence.
Can an aggravated assault charge be dismissed in Texas?
Yes. Aggravated assault can be dismissed when:
- The evidence is insufficient
- Witness statements change or collapse
- Self-defense applies
- Police violated constitutional rights
- The alleged victim chooses not to cooperate (though prosecutors may continue)
Dismissal is often possible with early, strategic intervention.
If not dismissed, can aggravated assault be reduced?
Yes — aggravated assault can sometimes be reduced to a lesser offense such as simple assault, deadly conduct, disorderly conduct, or reckless conduct.
Reductions depend on evidence strength, injury severity, weapon involvement, and negotiation skill.
Facing aggravated assault charges? Call Sellers Law Firm.
If you’ve been charged with aggravated assault in Tarrant County, you need a defense team that moves quickly, investigates thoroughly, and fights aggressively. Prosecutors are already building their case. You deserve an aggravated assault lawyer who is equally committed to defending your freedom.
Sellers Law Firm stands ready to help. We listen to your side of the story, evaluate the evidence, challenge the state’s narrative, and work relentlessly to secure the best possible outcome.
Call us today at (817) 928-4222 to schedule your consultation. Your future is worth fighting for.
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