Aggravated Assault Charges in Harris County

If you’ve been arrested or investigated for aggravated assault in Harris County, you’re facing one of the most serious violent offenses under Texas law—potentially punishable by up to 20 years in prison and a $10,000 fine. Prosecutors in Harris County treat these cases aggressively, and convictions carry long-term consequences for your freedom, reputation, and future.

In this post, you’ll learn:

What constitutes aggravated assault in Texas

What makes it a second-degree felony

Real-life examples

Penalties and legal consequences

How Harris County courts typically handle these cases

Why hiring a lawyer near you is critical

What Is Aggravated Assault in Texas?

Under Texas Penal Code §22.02, a person commits aggravated assault when they:

Cause serious bodily injury to another person, or

Use or exhibit a deadly weapon during the commission of an assault

This law builds on the foundation of simple assault (under §22.01) but adds specific aggravating elements that elevate the charge to a felony.

What Is “Serious Bodily Injury”?

Texas law defines serious bodily injury as an injury that:

Creates a substantial risk of death

Causes serious permanent disfigurement

Results in protracted loss or impairment of a body part or organ

Examples:

Broken bones

Severe burns

Deep stab wounds

Gunshot wounds

Injuries requiring surgery or hospitalization

What Is a “Deadly Weapon”?

A deadly weapon is not limited to firearms or knives. It includes:

Guns

Knives

Baseball bats

Steel pipes

Motor vehicles (if used to cause harm)

Any object used in a way capable of causing death or serious injury

The use or exhibition of a deadly weapon—even if not used to inflict injury—can elevate a simple assault to an aggravated assault.

What Makes It a 2nd-Degree Felony?

Aggravated assault is typically charged as a second-degree felony, unless certain aggravating factors are present (we’ll cover those below).

Penalties for 2nd-Degree Felony Aggravated Assault:

2 to 20 years in prison

Up to $10,000 fine

Felony record that can’t be expunged in most cases

Possible probation, but only in limited circumstances

This charge alone can cost you your freedom, your right to own a firearm, and your future career opportunities.

When Does Aggravated Assault Become a 1st-Degree Felony?

Aggravated assault is enhanced to a first-degree felony (5 to 99 years or life) if it involves:

A public servant (e.g., police, paramedic)

A witness, informant, or judge

A domestic partner in a case involving choking or prior violence

A security officer or emergency responder

If none of these apply, the case remains a second-degree felony.

Common Aggravated Assault Scenarios in Harris County

In Harris County, aggravated assault charges are often filed in connection with:

Domestic Disputes That Escalate

A partner is struck with a weapon or suffers serious injuries

The presence of a firearm increases the severity—even if it wasn’t fired

Bar Fights or Road Rage Incidents

Someone brandishes a weapon or causes serious injury

Victims require hospitalization or emergency care

Self-Defense Cases Gone Wrong

You defend yourself, but cause more harm than intended or use excessive force

The other party suffers serious injury or reports a weapon

Each of these scenarios may lead to arrest—even if the person accused believes they were acting in defense or didn’t mean for anyone to get hurt.

How Are These Cases Handled in Harris County?

Harris County has specialized units for handling violent crimes, including Aggravated Assault prosecutors. Their approach includes:

1. Quick Charging Decisions

Harris County prosecutors often file charges within 24–48 hours of arrest, especially when weapons or hospital records are involved.

2. Aggressive Bail Conditions

Many defendants are held in jail without bond or required to meet strict GPS monitoring, no-contact orders, or surrender of firearms.

3. Use of Grand Juries

Felony cases go before a grand jury. Your lawyer near you may be able to present a defense packet or testimony to influence the outcome and possibly reduce or dismiss charges.

4. Victim Testimony and Protective Orders

In domestic or known-party cases, prosecutors often pursue charges even if the alleged victim doesn’t want to press charges. They may also file for emergency protective orders.

Real-World Example of a 2nd-Degree Aggravated Assault

Scenario: You’re in a heated argument at a party. Things escalate, and you grab a nearby object (like a metal rod) to defend yourself. You strike the other person, who ends up with a broken arm.

Charge:

Aggravated Assault (2nd-degree felony)

Penalty: 2–20 years in TDCJ (Texas Department of Criminal Justice)

Even if you believed you were defending yourself, if prosecutors think the force used was disproportionate, they will likely reject a self-defense claim—unless your attorney builds a strong, evidence-based case.

Defending Aggravated Assault Charges

Every aggravated assault case hinges on the facts—and the quality of your defense. A strong legal strategy could result in:

Reduced charges (e.g., simple assault or reckless conduct)

Probation instead of prison

Case dismissal based on lack of evidence or self-defense

Common defenses include:

Self-Defense

You were protecting yourself or another person from immediate harm.

No Serious Bodily Injury

The injuries don’t meet the legal threshold for “serious” harm.

No Deadly Weapon

The object used wasn’t actually capable of causing serious injury, or wasn’t used in a threatening way.

False Allegations

The alleged victim exaggerated or fabricated the events.

Your attorney may present:

Witness statements

Medical records

Surveillance video

Prior incident history

A lawyer near you who knows how Harris County prosecutors operate can often negotiate for a better outcome before the case ever gets to trial.

Why You Need a Criminal Defense Lawyer Near You

Aggravated assault is not a charge you should face alone. In Harris County, even a first-time offender can be sentenced to decades behind bars if convicted.

At the Law Office of JL Carpenter, we’ve defended individuals facing aggravated assault allegations in Houston and surrounding areas. JL is a former felony prosecutor who knows how to dismantle the state’s case, protect your rights, and fight for your freedom.

Whether you’re claiming self-defense, facing false accusations, or looking to reduce your exposure, your first move should be to call an attorney near you.

Final Thoughts

Aggravated assault in Harris County is a second-degree felony that can turn your life upside down. Even if no one died, the law treats serious injuries or use of weapons as extremely serious offenses—and prosecutors will pursue convictions with full force.

If you’re facing this charge, time is not on your side. Evidence can fade, witnesses can disappear, and early legal missteps can cost you dearly.

Call the Law Office of JL Carpenter at (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ for a confidential consultation with a trusted lawyer near you who knows how to fight for your rights.

Aggravated Assault Charges in Harris County