The Texas Department of Public Safety reports that there were 65,338 assault with a deadly weapon cases reported statewide in 2014. Although penalties for this crime can include lengthy prison time and stiff fines, you do have options if you have been charged with this crime.
In criminal cases, the burden of proof lies with the prosecution. This law was enacted to protect people who have been accused of crimes unjustly. A thorough investigation of your case made by a seasoned Austin assault with a deadly weapon lawyer from Hines & Holub could turn up new angles that might change the case's outlook. It may also be possible to present facts in a new light or get your charges reduced-or even dropped in some cases.
What Is a Deadly Weapon?
Assault with a deadly weapon is a serious charge that-confusingly-may be applied without any physical contact having been made. Merely the threat that you could harm someone with a deadly weapon is enough.
A "deadly weapon" is defined as "a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting 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" (Tex. Pen. Code Ann. §1.07(a)(17)). This means that the class of deadly weapons is not restricted to just guns and knives.
During a dispute, an enraged or frightened person defending themselves can improvise a weapon fairly quickly. Unconventional Texas deadly weapons charges have included a pit bull that was sicced by a man on his girlfriend and a car used to crash into an ex's vehicle. In Florida, an assault with a deadly weapon charge was given to a prankster who threw a four-foot alligator through a Wendy's drive-thru window.
Someone actually being injured isn't necessary for being charged with assault with a deadly weapon. What matters is that a person could have been, and hence the charge.
Difference Between Assault, Aggravated Assault, and Assault with a Deadly Weapon
While an assault can be either threatening someone with bodily injury or actually harming someone physically, an aggravated assault is a more serious version of the same and is a felony in Texas. It can occur when someone causes serious bodily injury to another or because a person used or exhibited a deadly weapon.
Generally, this is a second-degree felony with a two- to twenty-year prison sentence and a fine of up to $10,000. If the assault was performed against a family member, public servant, criminal case witness, or safety officer, it becomes a first-degree felony and carries a five- to ninety-nine-year prison sentence and a fine of up to $10,000. An Austin assault with a deadly weapon lawyer from our office can explain what all of this means and how it applies to your case.
Why Should I Hire a Texas Assault with a Deadly Weapon Lawyer?
If you have gotten into legal trouble, getting out of it requires the skill and experience of seasoned trial lawyers. Not only do the attorneys of Hines & Holub have extensive courtroom experience, but they have the dedication and character to put you at ease. You'll rest easier knowing that your case is in the right hands.
Call our on-call attorney now to discuss your case now.
No matter how complex your charges may seem, you can have peace of mind knowing our legal team is behind you. You aren’t in this battle alone. Get our Austin criminal attorneys on your side today.