Austin Aggravated Assault Defense Lawyer
Last updated on November 9, 2026
Aggravated assault is one of the most serious charges a person can face in Texas short of homicide. It is a felony that can carry decades in prison, and many cases begin with a situation that escalated in seconds, such as a fight, a road rage incident or a moment of self-defense.
Attorney Florencia Rueda has handled felony cases, including capital murder trials, since 2007. The Law Office of Florencia Rueda defends people charged with aggravated assault in Austin, Travis County, Williamson County, Hays County and throughout Central Texas.
What Makes an Assault “Aggravated” in Texas
Under Texas Penal Code Section 22.02, an assault becomes aggravated assault when the person:
- Causes serious bodily injury, meaning an injury that creates a substantial risk of death or causes serious permanent disfigurement or long-term loss or impairment of a body part or organ, or
- Uses or exhibits a deadly weapon during the assault.
A deadly weapon is not only a gun or knife. Prosecutors can argue that almost anything used in a way capable of causing death or serious injury is a deadly weapon, including a vehicle, a bat, a bottle, or in some cases even hands or feet.
Penalties for Aggravated Assault
| Situation | Offense level | Possible prison time |
|---|---|---|
| Most aggravated assault cases | Second-degree felony | 2 to 20 years and up to a $10,000 fine |
| Against a public servant, security officer, witness or informant, or certain cases involving a family member or dating partner | First-degree felony | 5 to 99 years or life and up to a $10,000 fine |
When a deadly weapon finding is made, it can limit eligibility for probation and require a person to serve more of a sentence before becoming eligible for parole. That makes the way a case is charged, and whether a deadly weapon finding is made, critically important.
Defenses in Aggravated Assault Cases
- Self-defense and defense of others. Texas law allows reasonable and, in some situations, deadly force to protect yourself or another person.
- The injury was not “serious.” Medical records may show the injury does not meet the legal definition, which can reduce the charge.
- The object was not a deadly weapon. How an object was used, not just what it was, decides whether it qualifies.
- Mistaken identity or unreliable witnesses. Chaotic scenes often produce conflicting accounts.
- Unlawful search or questioning. Evidence obtained in violation of your rights may be excluded.
Possible Outcomes
Depending on the evidence, an aggravated assault case may be dismissed, reduced to a misdemeanor assault or deadly conduct charge, resolved without a deadly weapon finding, or taken to trial. Early investigation, including gathering video and witness statements before they disappear, can shape the outcome.
Frequently Asked Questions
Can aggravated assault be reduced to a misdemeanor? In some cases, yes. Problems with the evidence of injury or the weapon can lead to a reduction to assault or deadly conduct.
Can I get probation for aggravated assault? It depends on the facts, your history and whether a deadly weapon finding is made. An attorney can explain your options.
Is pointing a gun at someone aggravated assault? It can be. Threatening someone while exhibiting a firearm can be charged as aggravated assault, even if no one is hurt.
Talk to an Austin Aggravated Assault Lawyer
If you or a loved one is facing an aggravated assault charge, call the Law Office of Florencia Rueda at 512-415-7648 for a free, confidential consultation. Se habla español.