Aggravated Assault

• According to Texas law, aggravated assault occurs when a person commits serious bodily injury or uses a deadly weapon to threaten an assault. Under this definition, the state can charge you with aggravated assault if you beat another person causing injury or if you threaten to beat someone while holding a gun. Thus, you don't have to actually harm an individual in Texas to receive a second-degree felony aggravated assault charge. Causing reasonable fear increases the charge from a misdemeanor to a felony.
  
  

Penalty

• The charge of second-degree felony aggravated assault carries one of a combination of penalties. You can receive a prison sentence ranging from two to 20 years. The charge also includes a fine up to $10,000. The fine can be in addition to the prison sentence or the only penalty depending on your particular case.
  
  

First Degree vs. Second Degree

• Whether an aggravated assault charge increases to a first-degree felony charge depends on the victim. If the crime is committed during a domestic violence dispute, the charge may be first-degree aggravated assault. If the victim is a witness to a crime, a public official, an informant or a security guard, the charge increases. If the prosecutor increases the charge to first-degree aggravated assault and you're found guilty, you face a sentence of five years to life in prison. Paying a fine isn't a penalty attached to the sentence.
  
  

Considerations

• When charged with second-degree felony aggravated assault, you can plead not guilty, guilty or no contest. The state, however, has to prove -- beyond a reasonable doubt -- that you committed the crime. If you did commit the crime, the state allows you to use affirmative defenses. An affirmative defense requires you to admit to committing the crime. You'd use an affirmative defense if you assaulted the victim to stop them from stealing your property or harming you.