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ASSAULT WITH A DEADLY WEAPON
According to section 22.02 of the Texas Penal Code, a person can be charged with aggravated assault with a deadly weapon if the use or exhibit a deadly weapon during the commission of an Aggravated Assault. This offense occurs when a person does one of the following:
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• Intentionally or knowingly threatens another with imminent bodily injury while using or exhibiting a deadly weapon; or
• Intentionally, knowingly or recklessly causes bodily injury to another by using a deadly weapon
DEFENSES AGAINST AGGRAVATED ASSAULT WITH A DEADLY WEAPON CHARGES
The offense of aggravated assault with a deadly weapon in Texas is a second degree felony with a punishment range of up to 20 years in prison and a fine of up to $10,000. Ultimately, the outcome of your case will be determined by the facts of your case, pre-trial investigation, and the ability of witnesses to testify on your behalf.
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Key defenses in an assault with deadly weapon case can include:
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Self defense. Under the law, you are justified in using deadly force against another to protect yourself or a third party if you reasonably believe that the force is immediately necessary to protect against the attacker’s use or attempted use of deadly force.
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Defense of property. You can use deadly force to protect your property if you reasonably believe that deadly force is immediately necessary to prevent the imminent commission of certain serious felony crimes including arson, burglary, robbery aggravated robbery, and theft during the night time and your land or property cannot be protected by any other means..
Being convicted of a felony will most likely cause your dreams to be delayed or ended after getting caught up in the wrong side of the criminal justice system. However, even if it’s not possible to get your charges dismissed, the criminal defense attorneys at Justin Sparks Law Firm can work to reduce your charges, help you get placed on deferred adjudication probation or regular felony probation, or minimize the amount of time served.
Justin was my lawyer for a case I had with Tarrant County. He was very responsive, professional, and helped us sooo much! I ended up having everything dismissed. Definitely highly recommend!
- Payton R.
I cannot say enough good things about this law firm! They took care of me and immediately started working my case. They knew exactly what to do as soon as I told them my story.
- Alana B.
WHAT IS CONSIDERED A DEADLY WEAPON IN TEXAS?
Texas Penal Code defines a “Deadly Weapon” as
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(a) a firearm or anything designed, adapted, or made for the purpose of inflicting serious bodily injury or death; or
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(b) anything intended to be used and is capable of causing serious bodily injury or death.
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This crime can be committed by pointing a firearm at another, shooting and wounding someone with a firearm or striking or threatening someone with a non-firearm deadly weapon such as a knife or blunt object capable of causing serious bodily injury or death.
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Examples of Deadly Weapons:
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Club/baseball bat
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Explosive device
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Firearm (handgun/rifle)
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Knife
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Knuckles
CONTACT A QUALITY DFW DEFENSE ATTORNEY
You need an experience criminal defense attorney that can defend you when you’re faced with an assault with a deadly weapon charge. Justin Sparks will explain all of your options and spend the extra time to help you achieve the best possible outcome. Call (817) 334-0300 for a free consultation today.