Aggravating Factors in Texas Assault Charges

 Posted on August 28, 2025 in Criminal Defense

A conviction of assault can have dire legal consequences, even in seemingly minor incidents. If certain aggravating factors are present, however, an incident could result in increased penalties or even felony charges. These factors are known as aggravating circumstances, and in an assault case, they could mean the difference between a few months versus a few years of incarceration.

At Magaña & Van Dyke, we understand the gravity of an assault charge. Our Denton County, TX criminal defense lawyers can assess your case and work out a strategy to minimize the charges against you. In fact, we have a history of successfully defending clients in assault charges, including a "not guilty" verdict for a client accused of felony aggravated assault in Denton.

What Is Assault?

According to Chapter 22 of the Texas Penal Code, you can face assault charges for committing any of the following acts in an "intentional, knowing, or reckless" manner:

• Injuring another person

• Threatening another person with imminent bodily harm

• Making offensive or provocative physical contact with another person

Depending on the circumstances behind your arrest, you could face misdemeanor or felony charges for an act of assault. If you have been accused of this offense, be sure to seek legal representation as soon as possible.

Three Things That Can Make an Assault Charge Aggravated

Injuring a Public Servant

Assault resulting in bodily injury is a Class A misdemeanor in Texas. However, if you knowingly, recklessly, or recklessly injure a public servant, you could face third-degree felony charges. For felony charges to apply in this case, the prosecutor must prove that :

• You knew the alleged victim was a public servant; and

• The public servant was performing his or her official duties.

In Texas, a third-degree felony is punishable by two to 10 years in prison.

Assaulting a Family or Household Member

If you have a prior history of family violence, assaulting a family or household member through bodily injury could be prosecuted as a third-degree felony. If the offense involved strangulation, the charges could be escalated to a second-degree felony, carrying two to 20 years in prison. For the purposes of the law, dating partners are treated as family and household members.

Committing Assault With a Deadly Weapon

When an act of assault involves a deadly weapon, it is charged as aggravated assault, which has stricter penalties. Simply "exhibiting" a deadly weapon to threaten another person can be charged as aggravated assault. 

Aggravated assault with a deadly weapon is charged as a second-degree felony. However, if the victim suffered a traumatic brain or spine injury resulting in a vegetative state or paralysis, the offender could be charged with a first-degree felony punishable by up to 99 years in prison.

Contact a Denton County, TX Assault Defense Lawyer

The crime of assault is complicated in Texas since it may involve many intersecting factors. At Magaña & Van Dyke, our Cooke County, TX criminal defense attorneys can give you an idea of the possible consequences of a conviction and fight for you in court. Call our offices at 940-382-1976 to schedule a free initial consultation.