Aggravated Assault

Aggravated assault with a deadly weapon is a second degree felony offense that carries a punishment range of 2 to 20 years confinement in the Texas Department of Criminal Justice - Institutional Division and up to a $10,000 fine. Aggravated assault is a crime classified as a 3g offense which requires that a person who is convicted and sentenced to prison must complete at least 50% of their sentence before they are eligible for parole. A person charged with aggravated assault is eligible to receive a deferred adjudication with a guilty plea to a judge. However, only a jury can grant probation to a person who goes to trial and looses. In order for a jury to grant probation, the sentence assessed must be less than 10 years.

For a person to be charged with aggravated assault with a deadly weapon, they must have either caused serious bodily injury to an individual or have threatened an individual with a weapon. Typically a charge of this nature arises out of a person being shot, stabbed, or threatened with a gun or a knife. Typically for a threat to be valid, either the gun or knife must be pointed at the complainant or the person charged must have discharged the firearm in the direction of the complainant. Shooting a gun in the air or simply holding a weapon during a verbal argument will not be legally sufficient to support a conviction for aggravated assault. The State of Texas has considered many items other than a gun or a knife as a deadly weapon. Mr. Neyland has personally defended people who have been accused of using such items as an air freshener, clock, automobile, brass knuckles, candlestick, beer mug, and a lamp as a deadly weapon.

Dustan Neyland has years of experience handling aggravated assault cases in Harris County, Montgomery County, and all across the State of Texas. If you have been accused of aggravated assault anywhere in the State of Texas, contact us today to schedule a free in-person consultation at our office in Kingwood, TX, conveniently located within a short drive from Houston, TX and Conroe, TX.

The Law Offices of Dustan Neyland also represents clients who have been charged with a Class C offense of assault by contact and have received a notice to appear in the City of Humble Municipal Court, the Justice of the Peace Court in New Caney, TX, the City of Splendora Municipal Court, the City of Roman Forest Municipal Court, the City of Patton Village Municipal Court, and all Harris County Justice of the Peace Courts.

Contact us at (281) 312-0155 for a consultation.