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Aggravated Assault as described in the Penal Code of Texas


(a) A person commits an offense if the person commits assault as defined in § 22.01 and the person:

(1) causes serious bodily injury to another, including the person's spouse;  or

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association 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 office or employment;

(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime;  or

(D) against a person the actor knows is a security officer while the 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 a habitation, building, or vehicle;

(B) is reckless as to whether the habitation, building, or vehicle is occupied;  and

(C) in discharging the firearm, causes serious bodily injury to any person.

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d) In this section, “security officer” means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.

How we Handle Aggravated Assault Cases


Send us a brief message about your case and we will

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Whether you are accused of striking someone with a bottle in a bar fight in Houston, Texas or you stand accused of threatening your spouse with a firearm behind closed doors, you face serious consequences. In the hands of the right attorneys, aggravated assault in Texas can be highly defendable.

To understand your rights and obligations under the law, contact Latimer Law Firm immediately. We can act quickly to help you prove your innocence or minimize your sentencing by building an effective defense on your behalf.

Know your Rights

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3033 Chimney Rock Ste. 610

Houston, TX 77056


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