If you have been arrested on a charge of assault with a deadly weapon, you should immediately contact a Frisco criminal defense lawyer. Philip D. Ray is a qualified Frisco criminal lawyer who will protect your rights and fight aggressively on your behalf.
What is Assault with a Deadly Weapon Under Texas Law?
Under Texas law, assault with a deadly weapon is considered aggravated assault under Texas Penal Code §22.02. An individual commits an assault when they:
- Intentionally or recklessly cause physical harm or injury;
- Intentionally threatens imminent physical harm; or
- Intentionally use offensive or provocative physical contact against another person.
It becomes aggravated assault when the individual uses a deadly weapon during the commission of the assault or causes serious bodily injury.
Texas law defines a “deadly weapon” as a firearm or anything designed manifestly designed, made, or adapted to inflict death or serious bodily injury. Deadly weapons also include anything that, in the manner, it is used or is intended to be used, is capable of causing death or serious bodily injury.
What are the Penalties for Assault with a Deadly Weapon in Frisco?
In general, assault with a deadly weapon is a second-degree felony in Frisco, Texas. Second-degree felonies are punishable by up to 20 years in prison and/or a fine of up to $10,000.
The crime will be upgraded to a first-degree felony under the following circumstances:
- The defendant causes serious bodily injury to a family or household member ;
- The defendant causes serious bodily injury to a public servant acting in their official capacity;
- The defendant recklessly discharges the firearm from a motor vehicle towards a home, business, or another vehicle and causes serious harm or injury to another party.
Under Texas law, “serious bodily injury” means an injury that results in “a substantial risk of death, or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.”
First-degree felonies are punishable by up to 99 years or life in prison and/or a fine of up to $10,000.
In addition to prison time and fines, a felony conviction has many life-changing collateral consequences. A felony conviction can affect your ability to gain or retain employment, find housing, obtain education opportunities, and child custody.
Speak to an Experienced Frisco Criminal Defense Attorney
If you or someone you know is facing assault with deadly weapon charges, you should immediately reach out to a local Frisco criminal defense attorney. Philip D. Ray is an experienced criminal attorney and former prosecutor who will provide you with a skilled and aggressive defense. Call The Law Offices of Philip D. Ray today at (469) 588-6770 for a consultation.