Assault with a Deadly Weapon

What Is a Deadly Weapon?

A deadly weapon is defined under Texas Penal Code § 1.07 as a firearm or anything manifestly designed, made, or adapted for the purpose of inflicting death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. This includes firearms, knives, and even everyday objects like cars, bottles, or bats when used in a threatening manner.

Charges and Classifications

Aggravated assault is generally a 2nd degree felony (2–20 years prison, up to $10,000 fine). It is elevated to a 1st degree felony (5–99 years or life) if committed against a family member, public servant, security officer, or witness, or if the defendant used a deadly weapon and caused serious bodily injury to a family member.

Affirmative Finding of a Deadly Weapon

If the jury makes an affirmative finding that a deadly weapon was used, the defendant is not eligible for probation from a jury and must serve at least half of their sentence before becoming eligible for parole. This makes the deadly weapon finding a critical issue in any aggravated assault case.

Road Rage and Vehicle Cases

Vehicles are frequently charged as deadly weapons in road rage incidents. If you are accused of using your car to threaten or injure another driver, you can face aggravated assault charges even if no physical contact occurred. An attorney can challenge whether the vehicle was actually used as a deadly weapon under the circumstances.

Potential Penalties

• › 2nd degree felony: 2–20 years prison, up to $10,000 fine
• › 1st degree felony (enhanced): 5–99 years or life in prison
• › Deadly weapon finding: Must serve at least half of sentence before parole
• › No probation from jury if deadly weapon finding is made
• › Permanent felony record

Possible Defenses

• › Self-defense or defense of others
• › The object used was not a deadly weapon under the circumstances
• › No serious bodily injury occurred
• › Mistaken identity
• › The alleged victim was the initial aggressor
• › Lack of intent to cause harm

Frequently Asked Questions