Assault with a Deadly Weapon Lawyer in Galveston

Assault with a Deadly Weapon Attorney in Galveston, TX

Are you facing charges for assault with a deadly weapon in Galveston, Texas? In Texas law, a deadly weapon can include a firearm, ammunition, a silencer, an explosive, certain knives, or even an everyday object such as a baseball bat or kitchen knife if it was allegedly used to cause serious injury or place someone in fear of injury during an assault. Whether the accusation arose from a domestic situation in the home or another violent incident, people in Galveston and Greater Houston need an experienced and aggressive criminal defense attorney who can build the strongest possible defense. A conviction can bring fines and jail time, and it can also make it harder to rent a home, get a job, keep certain civil rights, or obtain credit.

According to a publication from the U.S. Department of Justice, deadly weapons are commonly grouped into firearms, edged weapons, and blunt force weapons, with blunt force weapons being objects designed to cause trauma through impact, and they may also include ammunition, silencers, and explosive devices designed to detonate and cause destructive blasts. Firearms use chemical propellant to fire projectiles at high velocity, while edged weapons are instruments designed to cut or puncture. Chemical and biological weapons are also strictly regulated under international law. In many cases, an inherently deadly object may be treated as a deadly weapon without proof that it was used dangerously in that specific incident. The facts still matter, however, and victim vulnerability can affect whether an object is treated as a deadly weapon.

This page explains how Texas law defines assault with a deadly weapon, how assault differs from battery, what penalties and defenses may apply, and why early legal help matters if you are accused of domestic violence, assault with a deadly weapon, or another serious violent crime in Galveston.

Assault with a Deadly or Dangerous Weapon in the Home in Galveston, TX

Defendants often are charged with the crime of assault with a deadly weapon following charges for other domestic violence offenses in the home. When we think about domestic violence and the crimes that can arise under the state statute concerning offenses against the family, assault is commonly divided into two categories, including simple assault and aggravated assault. Under the Texas Penal Code, assault with a deadly weapon is classified as aggravated assault. A person commits an assault with a deadly weapon if the person commits an assault and uses or exhibits a deadly weapon during the commission of the assault.

To be convicted of assault with a deadly weapon, the prosecutor must be able to prove the defendant committed an intentional act under the statute and that the victim experienced threatened conduct or offensive contact:

• Intentionally, knowingly, or recklessly causes bodily injury or bodily harm to another, including the person’s spouse; or

• Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse, in a way that creates reasonable apprehension; or

• Intentionally or knowingly causes physical contact with another when the person knows or should reasonably believe that the other will regard the contact as offensive or provocative, involving harmful or offensive contact; and

• Uses or exhibits a deadly weapon during the commission of an assault.

Battery refers to actual unlawful physical contact, while assault can be based on threatened contact.

What constitutes a deadly weapon? The classification can depend on the circumstances, the manner of use, and the vulnerability of the victim. The court looks at each case, but generally speaking, a firearm is always considered a deadly weapon because some objects are inherently deadly and may be treated that way without additional proof of dangerous use. In addition, most weapons that are designed to cause serious or fatal injuries will also be treated as a deadly weapon. In some instances, though, even an object that is used in a manner intended to cause serious or fatal injuries, or to place a person in fear of serious or fatal injuries or other harm—such as a kitchen knife, a baseball bat, or even a person’s fists—can be defined as a deadly weapon.

Given that many charges of assault with a deadly weapon concern actions within the home, it is important to emphasize that household objects like baseball bats and kitchen knives, as we mentioned, may raise the charge from assault to assault with a deadly weapon. In other jurisdictions, the legal context may be framed differently, and in Canada assault is a dual offence under the Criminal Code.

How is Assault with a Deadly Weapon and Harmful or Offensive Contact Different from Battery?

In common law, assault and battery are distinct concepts, even though Texas groups assaultive conduct differently by statute and a deadly weapon can elevate the offense. In addition, it is important to recognize the distinction between assault and battery. While Texas law allows charges of assault and battery under the category of assaultive offenses, assault may involve a threat that creates fear of imminent contact, whereas battery refers to the contact itself. In other words, even threats to a person in the home—like a spouse or a sibling or a child—can lead to an assault charge without physical contact. For example, if the victim reasonably fears being struck, that may be assault, while an actual blow would be battery.

Then, that charge can become assault with a deadly weapon if a deadly weapon is used or exhibited through force.

What Are the Penalties and Risk of Felony Conviction for Assault with a Deadly Weapon?

The penalties for assault with a deadly weapon in the home range from 3rd-degree to 1st-degree felony offenses, and these felony charges carry a penalty that depends on the specific circumstances of the case, including when the assault is committed against a family member in the home, and other serious felony offenses such as misapplication of fiduciary property in Texas can carry similarly severe consequences. The level of felony offense depends upon specific facts of the case, but the following felony sentences are the punishment for those felony convictions, which are punishable by fines and imprisonment:

• 3rd-degree felony: Fine of up to $10,000 and up to 10 years in prison;

• 2nd-degree felony: Fine of up to $10,000 and up to between 2 and 20 years in prison; and

• 1st-degree felony: Fine and a prison sentence of anywhere from 5 years to life.

In some jurisdictions, sentencing is classified differently, and some systems use lettered categories such as class e for lower-level felony offenses, with felony sentences served in county jail or state prison and more serious matters proceeding in higher trial courts or being reviewed by a supreme court, depending on the jurisdiction. Some also allow probation in certain non-violent cases, often lasting up to two years and, in California, up to three years, sometimes with up to one year in county jail, though a violation can lead to additional custody. In some states, wobbler felonies can be charged either way, but a straight felony cannot be reduced to a misdemeanor; for example, California treats first degree burglary that way. California’s three strikes law applies to serious felonies.

What are the Defenses to Assault with a Deadly Weapon?

We commonly assist the accused and the defendant with the following defenses:

• False accusation;

• Lack of required intention;

• Accident;

• Self defense, where reasonable force may be lawful in response to an immediate threat; and

• Actual innocence.

The defense strategy often depends on the criminal procedure, the available evidence, and whether the prosecution can prove the required act, and working with an experienced Galveston attorney such as Attorney Tad A. Nelson can be critical in developing a strong defense. Even when a case is prosecuted, the state still must prove the accused was the actual offender. Mere possession of an object does not automatically prove unlawful use in every case, just as the state must prove each element in other charges such as a first-time DWI offense in Galveston County.

Seek Advice from a Galveston Assault with a Deadly Weapon Lawyer

If you were recently charged with aggravated assault, or assault with a deadly weapon, it is important to discuss your defense with an experienced Galveston criminal defense and family law attorney as soon as possible, because a felony conviction can create long-term consequences beyond jail or prison exposure for your criminal record and civil rights. Cases involving allegations of potentially fatal harm or death require immediate attention, and prompt legal advice can also help you protect issues such as future gun rights, including when an incident involves firing a gun in public under Texas law. Contact the Law Offices of Tad Nelson & Associates online for more information or call us at [(281) 280-0100](tel:(281) 280-0100)0).