Assault with a Deadly Weapon
In Texas, facing a criminal accusation for assault with a deadly weapon is part of Texas Penal Code § 22.02. As defined in the statute, a person who uses or even displays a deadly weapon during the commission of an assault can be charged with assault with a deadly weapon. The offense is a felony of the first degree if the actor causes serious bodily injury to another person through his or her use of a deadly weapon during the commission of assault.
Texas Penal Code §46.01 identifies these weapons which are considered to be deadly:
- Guns: Machine guns, armor-piercing ammunition, zip guns, hand guns
- Firearms: Short-barrel firearms, firearm silencers
- Knives: Switchblade knives, tomahawks, daggers, bowie knives, swords, spears, illegal knives
- Explosives: Chemical dispensing devices
Additional deadly weapons include clubs, blackjacks, nightsticks, mace, and knuckles.
The relationship between actor and victim is of extreme importance in these types of charges – it can affect the severity of your penalties – so don't wait to speak with a Houston criminal defense attorney about the conditions under which you were charged and arrested for assault with a deadly weapon. You can contact the Billy Skinner & Associates & Associates at (713) 600-7777 for a free consultation with a Houston defense lawyer at our office.
What are the penalties for assault with a deadly weapon?
Assault with a deadly weapon is typically charged as a felony of the second degree and punishable by fines of up to $10,000 and a prison sentence ranging from 2 to 20 years. Under certain circumstances, however, assault with a deadly weapon can be charged as a felony of the first degree.
If the offense was committed in any of the following ways, it will be charged as a felony offense of the first degree:
- Against a family member or significant other
- Against a public servant
- Against a security officer
- In retaliation against a witness in a criminal case
When assault with a deadly weapon is charged as a felony offense of the first degree, the penalties that await individuals who are convicted include up to $10,000 in fines and anywhere from 5 to 99 years – or life – in prison.
Aggressive Defense, Effective Results
Determining the best defense for your case is the job of an attorney – an attorney who has both experience and a record of success in court. At Billy Skinner & Associates, our legal team can thoroughly review the details of your case to determine which method of defense is best suited for you.
When the case involves an accusation of assault with a deadly weapon, we might be able to make one of the following arguments in your defense:
- Self-Defense – The state of Texas makes it permissible to use force – sometimes even deadly force – as means of self-protection against any type of immediate threat of injury or bodily harm.
- Lack of Intent – Intent is a crucial component in any case that involves an accusation of assault. Charges of this degree can be reduced or dismissed if it can be proven there was no intent behind your action.
- Lack of a Deadly Weapon – If it can be proven that a deadly weapon was not present at the time of the assault, then the charges made against you might be reduced or dropped.
The right defense for you can be crafted by a criminal defense lawyer at our office, so don't wait to contact Billy Skinner & Associates at (713) 600-7777 for a free consultation.
Nicole