Aggravated Assault - Serious Bodily Injury
If you have been arrested for Aggravated Assault Causing Serious Bodily Injury, then you have been accused of a serious, violent felony offense. This charge carries the potential for a long prison sentence. It is critical that you are well represented by an attorney experienced in handling this type of case. The criminal defense attorney has successfully represented many clients charged with Aggravated Assault.Understanding The Aggravated Assault / Serious Bodily Injury Statute
The offense of Aggravated Assault Causing Serious Bodily Injury is contained in Chapter 22 of the Texas Penal Code. Section 22.02 of the Penal Code sets out the elements of the offense. The elements of Aggravated Assault Causing Serious Bodily Injury are:
- A person acting intentionally, knowingly or recklessly;
- commits an assault against another; and
- that assault results in Serious Bodily Injury to the other person.
There is no requirement that a deadly weapon have been used. In fact, if a deadly weapon was used in the commission of the assault, then you may be charged with Aggravated Assault with a Deadly Weapon. Each of the elements above must be proven beyond a reasonable doubt in order to convict you of Aggravated Assault Causing Serious Bodily Injury.What is "Serious Bodily Injury"?
Serious Bodily Injury is defined by Section 1.07 of the Texas Penal Code as "bodily injury that creates 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." Examples of serious bodily injury may include:
- a fractured facial bone requiring surgery to prevent significant deformity;
- a knife wound extending into a victim's lung causing difficulty breathing;
- permanent and extensive scarring that causes severe disfigurement;
- an injury to a victim's eye resulting in partial blindness.
Not all seemingly serious injuries rise to the level of serious bodily injury. Examples of injuries that may not rise to the level of serious bodily injury in a Texas court include:
- minor scarring that is not extensive or permanent in nature;
- a knife wound absent evidence of substantial risk of death;
- injury requiring surgery absent evidence of extended impairment of organ function;
- bodily injury with only the "potential" for serious complications.
- Defenses to Aggravated Assault Causing Serious Bodily Injury Charges:
Very rarely do instances of violence occur absent some precipitating event. Often those events may explain or even justify the conduct of the actor. Criminal defense attorney Waren Price works with his clients to identify those factors which led to the occurrence and develop any defenses that may apply to their client's case. The following are some common defenses in cases of Aggravated Assault Causing Serious Bodily Injury:
- The Client was acting in self-defense;
- The Client was acting to protect a third party;
- The Client was acting to protect his or her own property;
- There was no evidence of serious bodily injury to complainant;
- The Client was mistakenly identified as the suspect.
This list does not include every possible defense to Aggravated Assault Causing Serious Bodily Injury. Your case may involve a legal defense or it may involve more of a practical defense to the allegation. The skilled assault defense attorney will work with you to craft a defense that meets the facts of your case.
Penalties for Aggravated Assault Causing Serious Bodily Injury in Texas:
Aggravated Assault is generally charged as a second degree felony. This means that it carries a punishment ranging from 2 years up to 20 years in prison and a fine not to exceed $10,000.00. In certain circumstances the level of the offense may be elevated to a first degree felony. Those circumstances may include one of the following:
- The actor caused serious bodily injury to a family member;
- The offense is committed against a police officer or other public servant;
- The offense is committed by a police officer or other public servant;
- The offense is committed against a witness or informant;
- The offense involves a drive-by shooting at a home, car or business.
If the offense is elevated to a first degree felony, the range of punishment will include the possibility of life in prison. These are extremely serious allegations and require a criminal defense lawyer experienced in handling assault charges of this type. Assault defense lawyer Waren Price has more than 20 years of experience handling serious felony cases. They can help you.Not Guilty
If you are accused of Aggravated Assault and are not guilty of the offense, then you should plead not guilty to the State's case against you. We want to see your case dismissed or for you to be found Not Guilty by a judge or jury. An experienced Assault Defense Attorney will work with you to develop a strategy to give you the best outcome for your case. Defense lawyer Waren Price has handled hundreds of assault cases over the past 20 years. They can help you.
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