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Aggravated Assault

Aggravated Assault Defense Attorney in Austin

Felony Assault Defense Across Travis County & Central Texas Since 2005

Aggravated assault is a felony charge in Texas, and the path from arrest to conviction can move fast. Under Texas Penal Code Section 22.02, the state can pursue this charge on two independent grounds: that you caused serious bodily injury to another person, or that you used or exhibited a deadly weapon during an assault. Either path alone is enough. The Law Office of Will Mitchell has represented people in Central Texas and the Texas Hill Country since 2005, and our criminal defense practice covers the full spectrum of assault charges, from misdemeanor to first-degree felony.

A felony indictment doesn’t mean a conviction is inevitable. What happens in the weeks immediately after an arrest, before the Travis County District Attorney’s Office has fully built its case, often shapes what options remain later. The sooner you have a defense attorney working the facts, the better position you’re in.

If you or someone you know is facing an aggravated assault charge in Austin, call (512) 858-8611 now. We offer free initial consultations, including same-day, after-hours, and weekend appointments.

How We Build an Aggravated Assault Defense

Attorney Will Mitchell has built prosecutor and judicial relationships in Travis County over years of handling felony criminal cases. Those relationships matter when a case moves toward plea negotiation, because knowing how a particular prosecutor evaluates evidence, or how a judge has ruled on similar motions, informs strategy from day one.

Aggravated assault cases get a thorough investigation. We gather physical evidence, review witness accounts, and bring in expert witnesses when the facts call for it, whether that means a medical professional to assess whether an injury truly meets the serious bodily injury threshold or a forensic analyst to challenge a weapon finding. Throughout the process, we keep clients informed about their options in plain language, not legal shorthand.

Attorney Mitchell attends more legal training than many criminal defense attorneys in Texas, which keeps our understanding of evolving case law current. That matters on a charge where statutory language, jury instructions, and enhancement provisions have all changed in recent years.

The Two Paths to an Aggravated Assault Charge in Texas

Understanding how the state builds its case is the first step toward defending against it. Texas Penal Code Section 22.02 creates two entirely separate routes to a felony assault charge, and the prosecution doesn’t need both.

Serious Bodily Injury

Texas Penal Code Section 1.07(a)(46) defines serious bodily injury as an injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes protracted loss or impairment of any bodily member or organ. That definition sets a much higher bar than ordinary assault, which requires only bodily injury, defined as physical pain, illness, or any impairment of physical condition. Whether an injury actually clears that threshold is often a contested issue at trial, and it’s one area where expert medical testimony can significantly affect the case.

Deadly Weapon

Texas Penal Code Section 1.07(a)(17) defines a deadly weapon broadly as anything capable of causing death or serious bodily injury in the manner it was used or intended to be used. Texas courts have applied that definition to motor vehicles, baseball bats, bottles, rocks, and shod feet. Critically, no one has to be physically hurt for this charge to apply. Exhibiting a weapon while making a threat that would otherwise qualify as simple assault is enough to elevate the charge to a felony.

Penalty Ranges: Second-Degree & First-Degree Felony

Aggravated assault is typically a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000. Several circumstances elevate the charge to a first-degree felony, punishable by 5 to 99 years or life in prison and up to $10,000 in fines.

First-degree felony enhancements include:

  • A deadly weapon causes serious bodily injury to a family member, household member, or dating partner under the Texas Family Code (the family violence enhancement)
  • The offense is committed by or against a public servant acting in an official capacity, or in retaliation against a witness, informant, or security officer
  • A firearm is discharged from a motor vehicle toward a building, residence, or occupied vehicle, causing serious bodily injury
  • Effective September 1, 2023, under Texas House Bill 28: a deadly weapon causes a traumatic brain or spine injury resulting in a persistent vegetative state or irreversible paralysis

Defenses Against Aggravated Assault Charges in Austin

Several defense strategies can apply depending on the facts of a case. Each targets a distinct element the prosecution must prove.

Self-Defense & Defense of Others
Texas Penal Code Section 9.31 justifies the use of force when a person reasonably believes it’s immediately necessary to protect themselves against another person’s unlawful use of force. Texas also recognizes a stand-your-ground principle, meaning there’s generally no duty to retreat before using force in a place where a person has a legal right to be.

Challenging the Deadly-Weapon Finding
The prosecution must prove the object was actually capable of causing death or serious bodily injury in the manner it was used, not just that the object existed. We examine the specific conduct alleged and the object involved to determine whether the deadly-weapon classification holds up.

Challenging the Serious Bodily Injury Finding
When the state’s case rests on the serious bodily injury path, the precise nature and extent of the injury is a factual question, not an assumption. Medical records, imaging, and expert review can all bear on whether the injury meets the statutory definition.

Statute of Limitations
Texas provides a five-year statute of limitations for aggravated assault, meaning the state must file charges within five years of the alleged incident. We review the timeline in each case.

What to Expect in Travis County Felony Court

In Travis County, a felony aggravated assault case follows a defined path. The Travis County District Attorney’s Office presents the case to a grand jury, which decides whether to issue an indictment. If indicted, the case is assigned to one of Travis County’s District Courts, which handle all felony matters out of the Heman Marion Sweatt Travis County Courthouse in downtown Austin. Knowing the local procedures, the assigned court’s tendencies, and the prosecutors involved shapes the defense strategy we develop from the start.

Speak With an Aggravated Assault Defense Lawyer in Austin

A felony conviction carries consequences that follow you long after any sentence ends. Whether you’re facing a second-degree or first-degree felony allegation, The Law Office of Will Mitchell is ready to review the facts and can explain your options. We offer a free consultation, and our flexible scheduling, including same-day, after-hours, and weekend appointments, means you don’t have to wait until Monday morning to get answers.

Call (512) 858-8611 to speak with an aggravated assault defense attorney in Austin today.

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    Will got my DWI charge dismissed in lieu of a reduced charge of obstruction of highway passage. I did test over .08 so I chose not to go to trial but there were a few other factors with my case compelling the prosecution to lower my penalties and probation to 15mo; at which time my obstruction charge will also be dismissed. I was able to take care of all my classes, evals, and community service prior to ever seeing the judge so I think that helped my case. Will and Olivia were eager to help me understand what was happening and answered all my calls and emails very promptly. I would highly recommend Will as he will fight for you.
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    Will Mitchell isn't just a great attorney, he's a great guy. He got the case flat-out dismissed. He gave my life back to me. When I had an urgent matter come up, he called me back after-hours on a Sunday. He's just that type of guy. You can trust Will with your life, he's just that type of guy. On top of everything, he didn't break the bank. 10/10 Would recommend to anyone that's in a jam and needs a legal Superman to come to the rescue!

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