Aggravated Assault Defense in Dallas
Aggravated assault is a felony that can carry decades in prison, especially with a deadly weapon allegation. We investigate the incident independently, develop self-defense and defense-of-others theories, and fight enhancements.
What elevates an assault to aggravated
In Texas, an ordinary assault becomes aggravated assault when it causes serious bodily injury to another person, or when a person uses or exhibits a deadly weapon during the assault. Aggravated assault is a second-degree felony, punishable by 2 to 20 years in prison, and it rises to a first-degree felony — 5 to 99 years or life — in certain situations, including some family-violence and public-servant scenarios. The difference between a misdemeanor and decades of exposure can turn on how the injury or the weapon is characterized.
Deadly-weapon findings and parole
A deadly-weapon allegation does more than raise the charge — an affirmative deadly-weapon finding by the court changes how much of a sentence must actually be served. Under Texas law, that finding can require serving at least half of the sentence before parole eligibility, without the day-for-day good-conduct credit that applies to other offenses. Contesting whether an object was truly a deadly weapon, and whether it was actually used or exhibited, is often central to the defense.
Self-defense, defense of others and property
Texas recognizes broad justification defenses. A person may use force, and in some circumstances deadly force, when reasonably necessary to protect themselves or a third person against another’s unlawful use of force, and there are separate provisions for defense of property. These defenses are fact-driven: they depend on who was the aggressor, whether the response was reasonable, and what the evidence at the scene actually shows. Developed properly and early, a justification theory can defeat the State’s case entirely.
Enhancements and overlapping charges
Certain facts push aggravated assault higher. Assault on a public servant acting in their official capacity, assault against a family or household member with a deadly weapon, and offenses involving certain victims can raise a second-degree felony to a first-degree felony. Family-violence allegations also carry collateral consequences beyond the prison range, including firearm restrictions and immigration exposure. Understanding exactly which enhancements the State is pursuing is the first step to answering them.
How we defend an aggravated assault case
As a former prosecutor, Ray Hindieh knows how the State builds these cases — and where they are vulnerable. We investigate the incident independently rather than relying on the police version, interview witnesses, and obtain and scrutinize medical records, video and any forensic evidence. Where self-defense or defense of others fits the facts, we build it early. Where the deadly-weapon or serious-injury element is weak, we push for reduction or dismissal, and we are prepared to try the case when trial is the right call.