The gap between a felony and a misdemeanor is massive, and the sentences that can come with these two different charges are stark opposites. In Texas, a felony aggravated assault with a deadly weapon charge is defined under the statutes in the Texas Penal Code §22.02 Aggravated assault is a violent act that is committed in an angered or emotional state. If the act was committed with any item that could harm or kill an individual, the charge can be assault with a deadly weapon. For example, a deadly weapon can be a firearm that was shot at the victim. It can also be a baseball bat swung at a spouse or a pan thrown at a child. Whatever the item is, if it could inflict death it is considered a deadly weapon. Deadly weapons are described in detail in the Texas Penal Code
In Texas, aggravated assault with a deadly weapon can be charged as a first degree felony and carry a 5 to 99 year sentence in prison, depending on the nature and damage of the crime. The court will want to inspect the situation and determine your motive for harming the victim. If they can prove that you committed the action in a blind rage and are now remorseful, it might help you to get a reduced sentence. When a client came to our firm having been charged of aggravated assault with a deadly weapon, we jumped at the chance to help. Because of dedicated, hard work and patience, we were able to reduce our client’s sentence to a misdemeanor with a 15 days sentence in the county jail. If you have been charged with assault, you want a lawyer with the success to prove that you are in good hands. Contact the D’Amore Law Firm today for more information!