Assault with a Deadly Weapon: What It Means in Texas Courts

Criminal defense attorney near you reviewing aggravated assault charges involving a deadly weapon with a client in Texas

Assault with a Deadly Weapon: What It Means in Texas Courts

In Texas, using or even displaying a weapon during an altercation can turn a relatively minor assault charge into a serious felony. This offense is known as assault with a deadly weapon, and it’s prosecuted under the umbrella of aggravated assault. Whether the weapon is a firearm, a knife, or an object that’s capable of causing serious harm, the consequences are steep—and the law gives prosecutors broad discretion to pursue these cases aggressively.

If you’ve been accused of assault with a deadly weapon in Harris County or Galveston County, here’s what you need to know about how the law works, what counts as a deadly weapon, and how these cases are handled in local courts.

In this post, we’ll explain:

  • The legal definition of assault with a deadly weapon under Texas law

  • What qualifies as a deadly weapon

  • Real-world examples of this charge

  • Penalties and sentencing ranges

  • How local courts approach these cases

  • Common defenses

  • Why hiring a lawyer near you is critical

What Is Assault with a Deadly Weapon in Texas?

Assault with a deadly weapon is a form of aggravated assault, defined under Texas Penal Code §22.02. A person commits this offense when they:

  • Commit assault as defined under §22.01 (causing bodily injury, threatening injury, or making offensive contact)and

  • Use or exhibit a deadly weapon during the commission of the assault

You can be charged even if no one was physically hurt—the presence or use of a weapon alone is enough to trigger a felony charge.

What Qualifies as a Deadly Weapon?

Texas law defines a deadly weapon as:

  • A firearm or anything designed to inflict death or serious bodily injury

  • An object that, in the way it’s used or intended to be used, is capable of causing death or serious bodily injury

This includes:

  • Guns (loaded or unloaded)

  • Knives (pocketknives, kitchen knives, hunting blades)

  • Baseball bats, crowbars, or tire irons

  • Motor vehicles used to strike or threaten someone

  • Bottles, tools, or even flashlights when used to hit someone

The focus isn’t just on what the object is—but how it was used or displayed during the incident.

Real-Life Examples of Assault with a Deadly Weapon

Example 1: Firearm Display A man pulls out a handgun during a heated argument, waves it at the other person, and yells threats. No shots are fired, and no one is injured.
Charge: Aggravated Assault with a Deadly Weapon
Penalty: Second-degree felony

Example 2: Knife Attack During a domestic dispute, a woman slashes her partner’s arm with a kitchen knife. The injury is not life-threatening.
Charge: Aggravated Assault with a Deadly Weapon
Penalty: First- or second-degree felony, depending on relationship history

Example 3: Vehicle as a Weapon A driver swerves toward a pedestrian during a road rage incident, narrowly missing them.
Charge: Aggravated Assault with a Deadly Weapon
Penalty: Second-degree felony

Even if there was no intent to kill, these scenarios can easily result in felony charges and long-term legal consequences.

Legal Classification and Penalties

Second-Degree Felony (most common)

  • 2 to 20 years in prison

  • Up to $10,000 in fines

  • Probation possible in limited cases

  • Permanent felony record

  • Loss of firearm rights

  • Sex offender registration not required (unless linked to a sexual crime)

First-Degree Felony (enhanced cases) Elevated to first-degree felony if:

  • The victim is a family or household member and the assault involves choking/strangulation

  • The victim is a public servant, security officer, judge, or witness

  • There’s a prior family violence conviction

  • The assault is considered retaliation or obstruction of justice

First-Degree Penalties:

  • 5 to 99 years or life in prison

  • Up to $10,000 in fines

These are some of the harshest non-capital penalties under Texas law.

How Harris and Galveston County Courts Handle These Cases

In Harris County:

  • Aggravated assault cases go to District Court

  • The Violent Crimes Division often prosecutes these cases

  • Prosecutors may seek no-bond holds for firearm-related assaults

  • Weapons are frequently confiscated immediately, and protective orders may be filed

  • Prior criminal history and the victim’s willingness to cooperate heavily influence plea offers

In Galveston County:

  • Judges are known for applying strict bond conditions, including GPS monitoring and no-contact orders

  • Prosecutors rarely offer plea deals without jail time, especially in domestic or weapon-involved cases

  • Jury pools in Galveston tend to lean conservative, which may increase the likelihood of conviction unless strong defense strategies are presented

Whether you’re in Houston or Galveston, assault with a deadly weapon is treated as a high-priority offense.

Common Defenses to Assault with a Deadly Weapon

Self-Defense You acted to protect yourself or someone else from imminent harm. If the other party was the aggressor, your use of force may be justified.

No Deadly Weapon Was Used The object may not meet the legal standard of a “deadly weapon,” or it was not used in a threatening or dangerous manner.

Lack of Intent You did not intend to harm or threaten the other person—this is key, especially when the weapon wasn’t fired or no contact was made.

False Allegations Disputes involving family members, breakups, or custody battles often lead to exaggerated or fabricated claims. Your attorney can investigate motives, inconsistencies, and past patterns.

No Bodily Injury or Threat The prosecution must prove that you either injured someone, caused them to fear immediate harm, or made offensive contact. If none of these occurred, the case may not meet the threshold for aggravated assault.

Why You Need a Criminal Defense Lawyer Near You

Assault with a deadly weapon is not a charge you should try to explain away, “work out,” or fight alone. It is a felony offense that can lead to decades in prison—and prosecutors are trained to push for the harshest possible outcomes.

At the Law Office of JL Carpenter, we’ve successfully defended clients in Harris County, Galveston County, and beyond who were facing serious charges involving weapons. JL is a former felony prosecutor, which means she knows exactly how the State builds its case—and how to take it apart.

Your future is worth fighting for. Let us help you do just that.

Call (713) 201-6767 or visit https://jlcarpenterlaw.com/contact/ to schedule a confidential consultation with a lawyer near you who’s ready to stand in your corner.