Legal Question in Family Law in Texas

Re: Agrravated Assault Charge

� 22.02. AGGRAVATED ASSAULT.

(a) A person commits an offense if the person commits assault as defined in � 22.01 and the person:

(1) causes serious bodily injury to another, including the person's spouse; or

(2) uses or exhibits a deadly weapon during the commission of the assault.

(b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:

(1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code; or

(2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:

(A) by a public servant acting under color of the servant's office or employment;

(B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;

(C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or

(D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer.

(c) The actor is presumed to have known the person assaulted was a public servant or a security officer if the person was wearing a distinctive uniform or badge indicating the person's employment as a public servant or status as a security officer.

(d) In this section, "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code

If convicted, a first degree felony is punishable by 5-99 years and up to a $10,000 fine. A second degree felony is 2-20 years and up to $10,000 fine.

Expecting a dismissal without sound, competent legal representation is pointless. The end consequences are dependent upon the facts of your case, your background, and the intangibles of your lawyer, the ADA, the judge and if necessary, the jury.

Dallas is filled with brand new judges and ADA's -- you have a chance at a workable outcome.