In Fort Worth, TX, assault with a deadly weapon is generally charged as aggravated assault, a felony offense with serious consequences. A conviction can affect your freedom, employment, firearm rights, and other parts of your life long after the case ends. What many people don’t realize is that a “deadly weapon” can include far more than a firearm.
If you’ve been arrested for assault with a deadly weapon in Fort Worth, early decisions can affect how a case develops, and the team at Cofer Luster Criminal Defense Lawyers can help. Call us today at (682) 777 3336 to schedule a confidential consultation with a Fort Worth assault with a deadly weapon lawyer.
Why Choose Cofer Luster Criminal Defense Lawyers for Help if You’re Arrested for Assault with a Deadly Weapon in Fort Worth, TX?
An aggravated assault charge in Fort Worth, Texas, can expose a defendant to years in prison and other serious consequences. Cofer Luster Criminal Defense Lawyers has represented people facing felony charges throughout Tarrant County and brings experience from several sides of the criminal justice system.
Our team offers:
- 60 years of combined criminal defense experience
- Hundreds of people defended
- Former prosecutors, a former magistrate judge, and a former federal public defender
- Two attorneys Board Certified in Criminal Law by the Texas Board of Legal Specialization
- A law professor
From your first call, you’ll get straightforward information about the charge, the evidence, and the issues that may matter most to your defense. Contact Cofer Luster Criminal Defense Lawyers to schedule a confidential consultation with a Fort Worth criminal defense lawyer.
Overview of Assault with a Deadly Weapon in Texas
Texas law does not have a separate offense called assault with a deadly weapon. Conduct commonly described that way is generally prosecuted as aggravated assault under Texas Penal Code § 22.02. Aggravated assault occurs when a person commits an assault and either causes serious bodily injury or uses or exhibits a deadly weapon during the assault.
The term “deadly weapon” is broader than firearms. A firearm qualifies, but other objects can also qualify depending on their design or the way they are used or intended to be used. A knife, vehicle, baseball bat, or bottle may qualify if, under the circumstances, it is capable of causing death or serious bodily injury.
When the case is based on bodily injury, the underlying assault may involve intentional, knowing, or reckless conduct. The exact mental state the state must prove depends on the form of assault alleged.
What Are the Penalties for Assault with a Deadly Weapon in Fort Worth, Texas?
Aggravated assault is generally a second-degree felony in Texas, punishable by two to 20 years in prison and a fine of up to $10,000.
A conviction can also result in lasting collateral consequences outside the sentence itself, including effects on firearm rights, employment, immigration status, and other areas, depending on the offense and the person’s circumstances. Certain aggravating circumstances can increase aggravated assault to a first-degree felony, punishable by five to 99 years or life in prison and a fine of up to $10,000.
Examples include:
- Using a deadly weapon and causing serious bodily injury to a person in a qualifying family, household, or dating relationship
- Using a deadly weapon and causing a traumatic brain or spine injury that results in a persistent vegetative state or irreversible paralysis
- Certain assaults involving public servants, witnesses, informants, process servers, security officers, or other protected individuals
- Certain firearm assaults committed from or in connection with a motor vehicle
- Committing aggravated assault as part of a mass shooting
Depending on the case and sentence imposed, other consequences may include restitution, community supervision, or additional court orders. An affirmative deadly-weapon finding can also delay parole eligibility under Texas law.
Our Fort Worth assault with a deadly weapon attorneys can provide the strategic advocacy necessary to navigate these severe legal challenges.
What Defenses Can Be Raised If I’m Arrested for Assault with a Deadly Weapon?
Every aggravated assault case depends on what the state can prove. The defense will vary with the evidence and the circumstances of the alleged incident.
Possible issues may include:
- Self-defense: Texas law recognizes self-defense in certain circumstances when the statutory requirements are satisfied.
- Lack of the required mental state: When a case is based on bodily injury, the state generally must prove intentional, knowing, or reckless conduct.
- Challenging the deadly weapon allegation: Whether an object qualifies as a deadly weapon often depends on how it was allegedly used. If the deadly-weapon allegation without serious bodily injury is the only basis for aggravated assault, challenging that element may affect the case.
- Mistaken identity: Fights and other confrontations can unfold quickly, and witness accounts may conflict. Evidence may help establish who was involved and what happened.
- Insufficient or unlawfully obtained evidence: The state’s case may depend on inconsistent testimony, missing video, or evidence obtained unlawfully.
Which defenses may apply depends on the specific facts. A Fort Worth criminal defense attorney can review the evidence and determine which issues to raise.
Schedule a Confidential Case Evaluation With Our Fort Worth Assault with a Deadly Weapon Lawyers Today
Aggravated assault cases often turn on disputed facts about who started a confrontation, how an object was used, whether serious bodily injury occurred, or whether the accused acted in self-defense.
Cofer Luster Criminal Defense Lawyers can review the arrest, examine the evidence, and explain the legal issues involved. Whether your goal is to negotiate for reduced charges or to aggressively contest the allegations at trial, our team is committed to protecting your constitutional rights and minimizing the long-term impact on your future.
Call today to schedule a confidential consultation with a Fort Worth assault with a deadly weapon attorney for more information.
