Aggravated Assault Defense Attorney in Texarkana, TX

Over 10,000 Court Appearances. Local Knowledge the Prosecution Already Knows We Have.

An aggravated assault charge in Texarkana, TX is a felony from the moment it’s filed. That means prison exposure, a permanent record, and a case moving through Bowie County district court on a timeline that doesn’t wait. At Potter & Marks, PLLC, we handle aggravated assault defense for clients throughout Texarkana and Bowie County. Every attorney at our firm is licensed in both Texas and Arkansas. We know the prosecutors at the Bowie County District Attorney’s Office and appear regularly in the courts that handle these cases.

We’ve recorded over 10,000 court appearances with a 91% satisfactory results rate. We represent clients aggressively and communicate honestly about what they’re actually facing. Free initial consultations are available.

What Texas Law Requires the Prosecution to Prove

Aggravated assault is defined under Texas Penal Code Section 22.02(a). To secure a conviction, the prosecution must first prove a base assault under Section 22.01, then establish at least one aggravating element: that the defendant caused serious bodily injury to another person or that the defendant used or exhibited a deadly weapon during the assault. Each element creates contestable ground.

Serious Bodily Injury

Texas law defines serious bodily injury as injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ. This threshold is materially higher than ordinary bodily injury, and whether an injury actually meets it is a factual question the defense can challenge.

Deadly Weapon

Under Texas Penal Code Section 1.07, a deadly weapon is a firearm or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. Texas courts have classified motor vehicles, baseball bats, knives, and bottles as deadly weapons based on how they were used. Pointing a firearm without firing it can satisfy the deadly weapon element. A person can also be charged with aggravated assault for reckless conduct, such as firing toward an occupied building, even without intent to injure a specific person.

Felony Penalty Tiers in Texas

Aggravated assault carries felony-level penalties at every tier. Understanding where a charge falls determines the full range of exposure.

Second-Degree Felony

The baseline charge is a second-degree felony, punishable by 2 to 20 years in a Texas state prison and a fine of up to $10,000. Most aggravated assault charges begin here.

First-Degree Felony

Several circumstances elevate the charge to a first-degree felony carrying 5 to 99 years or life in prison, plus a fine of up to $10,000. These include using a deadly weapon and causing serious bodily injury to a family member, household member, or dating partner; offenses committed by or against a public servant acting in an official capacity; retaliation against a witness, prospective witness, or informant; drive-by or mass-shooting offenses; and, as of September 1, 2023, causing a traumatic brain or spine injury resulting in a persistent vegetative state or irreversible paralysis.

When a deadly weapon is used or exhibited during a felony, the offense falls under Code of Criminal Procedure Article 42A.054, which restricts judge-ordered community supervision and limits parole eligibility.