Aggravated Assault Defense Attorney in Fort Worth

Put a Former Prosecutor’s Experience in More Than 100 Jury Trials to Work

An aggravated assault allegation can lead to arrest, bond conditions, court appearances, and the possibility of a felony conviction. The potential charge level depends on the alleged conduct, the claimed injury, the alleged weapon, the identity or relationship of the other person, and any applicable enhancement provisions. Prompt review gives us an opportunity to examine the charging documents and identify evidence that may need to be preserved.

Attorney Navid Alband brings more than 18 years of legal experience, including five years as a prosecutor in the Tarrant County District Attorney’s Office. That background informs how we evaluate the accusation, the available evidence, and the prosecution’s likely approach.

Call us at (817) 997-4366 to discuss the allegation with an aggravated assault defense attorney in Fort Worth and schedule a free initial consultation.

What Is Aggravated Assault in Texas?

Texas Penal Code Section 22.02 defines aggravated assault as an assault under Section 22.01 that causes serious bodily injury or involves the use or exhibition of a deadly weapon. Contrary to a common misconception, an aggravated assault allegation can arise from certain threats as well as physical injury because Section 22.02 incorporates the different forms of assault listed in Section 22.01.

To best understand how Texas defines aggravated assault, let’s examine the definition of assault. A person commits assault if the person:

• Intentionally, knowingly, or recklessly causes bodily injury to another, including the person’s spouse.
• Intentionally or knowingly threatens another with imminent bodily injury, including the person’s spouse.
• 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.

Aggravating factors increase the severity of the alleged offense. Aggravated assault occurs when a person commits assault and does one of the following:

• Causes serious bodily injury to another, including the person’s spouse.
• Uses or exhibits a deadly weapon during the commission of the assault.

A deadly weapon allegation doesn’t necessarily require proof that the other person was injured. Conversely, an allegation involving serious bodily injury may support an aggravated assault charge even when the prosecution doesn’t allege that a deadly weapon was used or exhibited.

Deadly Weapon & Serious Bodily Injury Allegations

An aggravated assault charge often turns on the meaning of “deadly weapon” or “serious bodily injury.” Firearms and certain knives may fall within the deadly weapon definition. Other objects can qualify based on the manner of their use or intended use and whether they were capable of causing death or serious bodily injury.

Baseball bats, automobiles, sticks, and other objects aren’t automatically deadly weapons in every situation. Their classification requires a fact-specific analysis of how the item was allegedly used or exhibited. Serious bodily injury disputes can likewise depend on medical records, the nature and duration of an injury, and whether the evidence satisfies the statutory definition.

Issues that may shape the defense analysis include:

• Whether the alleged object meets the legal definition of a deadly weapon.
• Whether the evidence proves serious bodily injury.
• Whether the accused acted intentionally, knowingly, or recklessly.
• Whether witness accounts are consistent with physical or digital evidence.
• Whether self-defense, defense of another person, accident, mistaken identification, or lack of intent is supported by the facts.

Second-Degree & First-Degree Felony Penalties

Aggravated assault is generally a second-degree felony in Texas. If convicted, a person could face two to 20 years in prison and a fine of up to $10,000. The exact punishment exposure must be evaluated against the indictment or other charging instrument because Texas Penal Code Section 22.02 also identifies circumstances that can elevate the offense to a first-degree felony.

First-degree felony circumstances may include allegations involving:

• The use of a deadly weapon and serious bodily injury against a qualifying family, household, or dating partner.
• A traumatic brain or spine injury resulting in a persistent vegetative state or irreversible paralysis in certain family-violence circumstances.
• A public servant acting under color of office or a public servant lawfully performing an official duty.
• Retaliation against a witness, prospective witness, informant, or person who reported a crime.
• An attack against a process server or security officer performing qualifying duties.
• Specified conduct involving the discharge of a firearm from a motor vehicle toward an occupied habitation, building, or vehicle that causes serious bodily injury.

A first-degree felony carries substantially greater punishment exposure than a second-degree felony. We review the precise enhancement allegations rather than assuming every aggravated assault with a deadly weapon charge falls within the same felony level.

Building an Aggravated Assault Defense

Our defense investigation begins with the facts and evidence unique to the accusation. We review arrest and police reports, obtain critical documents, and assess legal options that may apply in Tarrant County. Depending on the case, relevant evidence may include photographs, medical records, surveillance footage, digital communications, witness statements, and records concerning the alleged weapon.

The prosecution still has to prove every required element beyond a reasonable doubt. We examine whether its witnesses agree, whether the physical evidence supports their accounts, and whether investigators overlooked information that provides necessary context. Potential defenses are fact-dependent, so self-defense, accident, mistaken identification, lack of intent, or unreliable evidence should be raised only when supported by the record and applicable law.

Pretrial motions can also affect which evidence may be used. Attorney Alband has filed early motions to suppress evidence and has taken more than 100 criminal cases to jury trial. We prepare each case around the available facts rather than relying on a one-size-fits-all strategy.

Aggravated Assault Cases in Fort Worth Courts

Adult felony cases based on conduct allegedly occurring in Tarrant County generally proceed through the county’s criminal district courts. The assigned court, hearing schedule, bond requirements, and pretrial process depend on the case. Early review of the charging instrument helps clarify what the state has alleged and which statutory provisions may apply.

Attorney Alband’s prior work in the Tarrant County District Attorney’s Office gives us experience with the local criminal process from both sides. For someone comparing options for an aggravated assault defense lawyer in Fort Worth, that perspective matters because the defense must address both the evidence and the procedural decisions that can arise before trial.

Individualized Defense Led by a Former Prosecutor

We evaluate the evidence, enhancement allegations, and pretrial options before developing a defense around your circumstances. Attorney Alband is listed by The National Trial Lawyers as a Top 100 Trial Lawyer and has been included in its Top 40 Under 40 group.

If you’ve been arrested, charged, or contacted by investigators, a free initial consultation can help you understand the allegation and the decisions ahead.

Contact The Alband Law Firm at (817) 997-4366 to schedule a free initial consultation.