Aggressively Defending Serious Felony Assault Charges in Houston and Harris County.
You are looking at some serious legal trouble if you have been charged with felony assault with a deadly weapon in Houston. An arrest or conviction for assault with a deadly weapon will permanently be on your record. It can make it hard to get a job, find a place to live, go to school, or get public assistance. Prison time and large fines are significant penalties, and some assault charges in Texas can even get you life behind bars. The Houston Assault with a Deadly Weapon Attorney you choose to represent you at this time is one of the most important decisions of your life.
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This is why you need to contact a Houston assault attorney right away. Lisa Shapiro Strauss is an experienced Houston assault with a deadly weapon attorney dedicated to fighting the allegations against you and helping you achieve the best possible outcome in your case. She has the expertise, skills, and dedication to thoroughly examine the evidence against you and formulate an effective defense strategy.
Understanding the Charge: Assault with a Deadly Weapon in Texas
Assault with a Deadly Weapon is a form of Aggravated Assault under Texas law, specifically defined under Title 5, Chapter 22 of the Texas penal code. This charge applies when a person commits a basic assault AND uses or exhibits a deadly weapon during the commission of the assault.
A basic assault can occur if a person intentionally, knowingly, or recklessly causes bodily injury to another; threatens them in a way that would cause the other person to fear for their safety; or has physical contact with another person that would be considered offensive or provocative. The presence of a deadly weapon elevates these actions to a much more serious felony charge.
The Impact of a Deadly Weapon Allegation
Simply being accused of using or exhibiting a deadly weapon in an assault immediately elevates the charge to a felony with severe potential consequences, regardless of whether serious injury occurred.
The Legal Definition in Texas Penal Code
The specific language in the Texas Penal Code Section 22.01(b)(2) defines the conduct that constitutes Aggravated Assault, including the use or exhibition of a deadly weapon.
What Is A Deadly Weapon Under Texas Law?
The definition of a “deadly weapon” under Texas law is broader than many people realize. As defined under Title 10, Chapter 46 of the Texas Penal Code, a deadly weapon is not limited to firearms. It can include anything designed to cause death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury.
Examples of items that can be considered a deadly weapon in Texas include:
- Firearms (including silencers and armor piercing ammunition)
- Explosive weapons (explosive or incendiary bombs, grenades, rockets or mines)
- Knives (and swords)
- Tire deflation devices
- Improvised explosive devices
- Clubs (includes blackjacks, nightsticks, maces, tomahawks, etc.)
- Chemical dispensing devices (includes tear gas, pepper spray and mace dispensers)
- Hoax weapons (fake bombs or firearms can be considered deadly weapons if used to cause fear of serious bodily injury)
- Any object used in a manner capable of causing death or serious bodily injury (e.g., a car used to hit someone, a shoe used to kick someone repeatedly in the head).
- Knuckles (as in brass knuckles; finger rings or guards made of a hard substance and designed for the purpose of inflicting serious bodily injury or death by striking a person with a fist enclosed in the knuckles)
Proving an object was used as a deadly weapon (even if not inherently designed as one) is often a key element the prosecution must prove in an Assault with a Deadly Weapon case. This is a critical area for defense.
Felony Levels: First & Second Degree Aggravated Assault with a Deadly Weapon
Assault with a Deadly Weapon is classified as a serious felony in Texas. The specific degree of the felony depends on the identity of the alleged victim or the circumstances of the offense.
Second-Degree Felony
Aggravated Assault with a Deadly Weapon is typically a Second-Degree Felony. A conviction for a second-degree felony in Texas can result in a prison sentence of between 2 and 20 years in the Texas Department of Criminal Justice (TDCJ) and fines up to $10,000.
First-Degree Felony
The charge can be elevated to a First-Degree Felony under certain circumstances, significantly increasing the potential prison sentence. Aggravated Assault with a Deadly Weapon becomes a First-Degree Felony when the assault is directed against specific types of alleged victims, including:Title 10, Chapter 46 of the Texas penal code defines what a deadly weapon is. Under Texas law, a weapon can include:
- A family member, household member, or dating partner
- A witness to a crime, informant, or person who has reported a crime
- A public servant (such as a police officer)
- A security officer
- A child (under 14 years old)
- An elderly individual
- A disabled individual
A suspect can also face a charge with a first-degree felony assault with a deadly weapon for a drive-by shooting. A conviction for a first-degree felony in Texas can get you 5 to 99 years or Life in prison and up to $10,000 in fines.
Severe Consequences Beyond Prison
Beyond direct criminal penalties, a felony conviction for Assault with a Deadly Weapon carries severe, life-long consequences, including the loss of the right to own firearms, significant negative impacts on child custody, and severe immigration consequences for non-citizens. These consequences can be particularly devastating for your life and future in Houston and Harris County.
Understand the potential penalties for Assault with a Deadly Weapon. Contact a Houston attorney.
Building Your Defense Against Deadly Weapon Allegations in Houston
Facing charges of Aggravated Assault with a Deadly Weapon in Houston is a serious matter, but there are possible defenses. An attorney with experience handling these felony cases can examine the evidence and circumstances to build a strategy to counter the charges. In order to obtain a not guilty verdict, the prosecution must prove every element of the charge beyond a reasonable doubt. This is why it’s so important to contact a Houston Assault with a Deadly Weapon Attorney with experience to protect your rights.
Possible defenses for a charge of Aggravated Assault with a Deadly Weapon in Texas can include:
Possible Defenses
- Self-Defense: Arguing that the use of the deadly weapon was necessary to protect yourself or another person from the alleged victim’s use or attempted use of unlawful deadly force.
- Lack of Intent: Arguing that you did not intentionally, knowingly, or recklessly cause bodily injury or place someone in fear of bodily injury while using/exhibiting the weapon.
- Lack of a Deadly Weapon: Challenging whether the object used or exhibited meets the legal definition of a deadly weapon under Texas law, or if it was used in a manner capable of causing serious bodily injury or death.
- Defendant Did Not Know Victim’s Status: If the charge is enhanced to a First-Degree Felony based on the victim’s status (e.g., public servant), arguing that you did not know the alleged victim was in that protected category at the time of the offense.
- False Accusations: Presenting evidence that the allegations are untrue or exaggerated.
An attorney will be able to examine and evaluate the evidence against you and put together a great defense strategy to counter the charges. Lisa Shapiro Strauss will fight the allegations against you and help you achieve the best possible outcome in your case.
Build Your Defense Against Assault with a Deadly Weapon Charges. Contact Our Houston Office.
Why Choose Lisa Shapiro Strauss for This Serious Charge?
Facing Aggravated Assault with a Deadly Weapon charges in Houston or Harris County is facing a potential life-altering felony conviction. You need a defense attorney with specific experience in these high-stakes cases and a deep understanding of the local legal system. Lisa Shapiro Strauss offers the critical qualifications you need.
The Former Prosecutor Advantage
Lisa’s background as a Former Prosecutor provides her with unparalleled insight into how the State approaches and prosecutes serious felony assault cases, including those involving deadly weapons. She understands the types of evidence the Harris County District Attorney’s Office will emphasize and the strategies they employ to prove the use or exhibition of a deadly weapon. This insider knowledge is a significant advantage in anticipating their moves and building a more effective defense strategy for you in a Houston courtroom.
Extensive Experience in Felony Assault Cases
With Over 25 Years of Legal Experience as a criminal defense attorney, Lisa has successfully defended clients against serious felony charges, including Aggravated Assault with a Deadly Weapon. She understands the complexities, high stakes, and severe penalties associated with these cases in Texas.
Local Knowledge of Harris County Courts
Lisa’s extensive practice specifically in Harris County courts means she is intimately familiar with the judges, prosecutors, and procedures that will impact your case. This local knowledge is invaluable in navigating the legal process efficiently and effectively on your behalf, from bond hearings to potential jury trials.
Lisa Shapiro Strauss is here to protect your rights when you’re charged with Assault with a Deadly Weapon. She will fight tirelessly on your behalf.
Frequently Asked Questions About Assault with a Deadly Weapon Charges
Facing a charge of Aggravated Assault with a Deadly Weapon in Houston is a serious legal matter. Here are answers to some common questions:
Is any object used in an assault considered a “deadly weapon” in Texas?
Not necessarily. Under Texas law, an object is a deadly weapon if it is designed to cause death or serious bodily injury OR if it is used or intended to be used in a manner capable of causing death or serious bodily injury. It depends on how the object was used in the specific incident.
What’s the difference between Aggravated Assault and Assault with a Deadly Weapon?
Assault with a Deadly Weapon is a type of Aggravated Assault. Aggravated Assault can be charged if you cause serious bodily injury OR use/exhibit a deadly weapon. Assault with a Deadly Weapon specifically focuses on the use or exhibition of the weapon.
Can I get probation for Aggravated Assault with a Deadly Weapon in Texas?
It is possible, but challenging, as this is a serious felony. Probation (community supervision) eligibility and terms depend on various factors, including your criminal history, the facts of the case, and the discretion of the judge and prosecution in Harris County.
Should I accept a Plea Agreement for this charge in Houston?
Deciding whether to accept a plea agreement for a felony charge like this is a critical decision. We will thoroughly evaluate the evidence, the strengths and weaknesses of the case, and the potential outcomes of going to trial versus a plea offer in Harris County to provide clear guidance.
Can Self-Defense be a defense?
Yes, self-defense can be a viable defense if you used force, including deadly force if necessary, to protect yourself or another person from the alleged victim’s use or attempted use of unlawful deadly force. The specifics of Texas self-defense law and the facts of your case are critical.
Will this charge appear on a background check?
Yes, a felony charge and especially a felony conviction for Assault with a Deadly Weapon will appear on criminal background checks indefinitely, significantly impacting employment, housing, and other opportunities.
Houston Assault Charge Case Results
Past results do not guarantee future outcomes, but they can demonstrate the type of representation and dedication our firm provides in complex assault cases. Lisa Shapiro Strauss has achieved favorable outcomes for clients facing assault charges, including serious felony allegations, in Houston and Harris County.
Protect Your Future: Contact a Houston Attorney Today
Being charged with Aggravated Assault with a Deadly Weapon is a defining moment. The potential penalties and long-term consequences in Texas are severe, and the prosecution in Harris County will pursue this charge aggressively. Your choice of defense attorney is paramount.
Lisa Shapiro Strauss is an experienced Houston Assault with a Deadly Weapon Attorney with the knowledge and trial experience necessary to defend you against this serious felony. Her perspective as a Former Prosecutor provides a unique advantage in understanding the State’s case and building a strong defense.
Don’t face this charge alone. Protect your rights and your future by contacting the law office of Lisa Shapiro Strauss today for a free consultation.
Contact our Houston office now to discuss your defense strategy confidentially.
