Denton Aggravated Assault Defense

Individualized Defense for a Serious Felony Allegation

An aggravated assault charge requires a defense strategy grounded in the specific allegation, case evidence, and applicable law. At Goline & Roland Law Firm, PLLC, we represent clients facing misdemeanor and felony criminal charges in Denton County, including allegations involving a significant injury or a weapon.

We listen to the client, investigate the circumstances, and develop a strategy based on the facts of the case. Our open-communication policy includes regular updates and prompt responses to phone calls and emails, keeping clients and their families informed throughout the proceedings.

Speak with our aggravated assault defense attorneys about the allegation and your representation needs. Call (940) 400-0475 to arrange a consultation.

What Makes an Assault Aggravated Under Texas Law?

Texas Penal Code §22.02(a) defines aggravated assault as an assault under §22.01 that involves one of two additional circumstances: serious bodily injury or the use or exhibition of a deadly weapon during the assault.

That additional element distinguishes aggravated assault from simple assault. The charging document and supporting evidence determine what the prosecution must seek to prove, including the alleged conduct, whether an injury meets the applicable legal standard, and how an object was allegedly used or displayed. The alleged conduct may be directed at a spouse or another person.

Felony Levels & Weapon Allegations

Aggravated assault is generally charged as a second-degree felony. Specified circumstances can elevate the allegation to a first-degree felony, making it essential to review the precise charge before assessing the case.

An allegation involving both a weapon and serious bodily injury to a family or household member can support first-degree treatment. Other specified circumstances include an alleged offense against a public servant or security officer, or against a witness or informant in retaliation for or because of that person’s service.

A deadly weapon can be a firearm or an object designed, made, or adapted to inflict death or grave injury. The definition can also apply to an object used or intended to be used in a way capable of causing death or such an injury. The analysis may therefore concern both the object and the manner in which it was allegedly used.

Defense Analysis in an Aggravated Assault Case

Our defense analysis considers the allegations, available evidence, witness accounts, and any legal justification raised by the circumstances. We may also advise a client during an investigation before an arrest or formal charge, when statements and interactions with investigators can carry lasting importance.

When Self-Defense May Apply

Texas Penal Code §9.31 recognizes self-defense when a person reasonably believes force is immediately necessary to protect against another person’s unlawful use or attempted use of force. Whether it applies depends on the circumstances and evidence. We examine the sequence of events, witness accounts, physical evidence, and other available information instead of relying solely on the accusation.

Evidence Review & Pretrial Proceedings

Representation may include reviewing evidence, addressing bond matters, preparing motions, participating in plea negotiations, and preparing for trial. Pretrial proceedings address legal and evidentiary issues that must be resolved before trial. Decisions at each stage reflect the charge, the evidence, and the client’s circumstances.

Record Questions After Resolution

Questions about a criminal record require a separate review after the case has been resolved. We examine the client’s complete criminal history and the case outcome before determining whether expunction or another record-related option may be available. Eligibility depends on the relevant facts and law, not simply the original charge.