What is the difference between assault vs aggravated assault? If you’ve been accused of either, chances are that this is a question you’re going to bump into somewhere along your legal journey. It’s understandable that these two charges might blur together in your mind, as they’re often used interchangeably in television shows, movies, and other media.
But are the two terms simply used interchangeably, or is there actually a difference between the two? Assault and aggravated assault occur in different situations and result in different charges.
The difference between the two is often based on who the victim is or the injuries that they sustained, but assault charges in Texas can be complicated, and the punishments can be severe.
Continue reading to find out more about the differences between assault and aggravated assault, or call the Houston assault lawyers at Thiessen Law Firm today at (713) 864-9000 for a winning defense.
The difference between assault charges in Texas
We’ll get to defining terms like “battery” and assault with a “deadly weapon,” but the most important thing to remember about assault in Texas is that assault charges are broadly categorized into two types: simple assault and aggravated assault.
The primary differences between assault vs aggravated assault charges often lie in the severity of the assaultive action, the presence of any aggravating factors, and the resulting harm to the victim.
Assault vs battery in Texas
Another major source of potential confusion is the issue of battery. In other states, you may hear the term “battery” when assault is being discussed. Is battery the same as assault, or is it different from both assault and aggravated assault?
In other states, battery is considered a separate charge from assault. In Texas, however, what qualifies as battery in other states is also considered assault. You can certainly go to jail for actions other states define as battery, but here in Texas, you would be going to jail on an assault charge.
What is the lowest charge of assault?
The lowest charge of assault in Texas is simple assault, which can often be charged as misdemeanor assault, depending on the circumstances.
A simple assault in Texas includes any situation where a person is threatened but not seriously physically harmed. These threats would lead someone to believe that they are in immediate danger; however, this does not mean that physical touch is completely out of the picture.
A simple assault could include a form of harassment such as poking, grabbing, or slapping, and it could include physical harm to the degree of scratches and bruises, but generally no serious harm must befall the victim.
Is aggravated assault the same as simple assault in Texas?
Aggravated assault is not the same thing as simple assault in Texas. A charge of aggravated assault means that the person accusing you is claiming to have experienced a degree of serious bodily injury and that this bodily harm was caused either intentionally or recklessly. Charges of aggravated assault may involve:
- Long-term injuries: These injuries could include anything from scarring and disfigurement to loss of senses (hearing/seeing) and broken bones.
- The use of a deadly weapon: When a victim is assaulted with a deadly weapon, this is usually considered a separate form of aggravated assault, whether the weapon was used or not. Keep in mind that a deadly weapon could be many different objects. This obviously includes knives and guns, but it could also include bats, heavy objects (like rocks or bricks), vehicles, and more.
Whether or not you’re charged with aggravated assault is often contingent upon who was harmed, why they were harmed, and how long that injury will last. So, what are examples of aggravated assault vs. simple assault?
Aggravated assault examples
In many cases, giving someone a broken nose could be considered an assault charge. However, these charges could easily be bumped up to aggravated assault if, instead of a broken nose, a person’s arm was broken. Serious injury is not the only thing that constitutes aggravated assault, however.
- Serious bodily injury. Giving someone broken bones, internal injuries, or leaving them with lasting disabilities are considered serious bodily injuries.
- Use of a firearm. Pointing a gun at someone or threatening to shoot them, even if no shots are fired, is considered aggravated assault.
- Use of a vehicle as a weapon. Vehicles can be considered deadly weapons for the purpose of assaultive offenses.
- Violence against specific groups of people. Assault offenses against security officers, law enforcement officers, people providing emergency medical services, pregnant persons, and others are automatically considered aggravated assaults.
There are a number of ways, some of them surprising, in which assault charges can be elevated to aggravated assault charges. If you or a loved one has been charged with aggravated assault, you need to hire a Houston aggravated assault attorney to defend your freedom before it is too late.
Aggravated assault vs assault with a deadly weapon
Because these terms are so ubiquitous and are often used interchangeably, many people think aggravated assault is the same thing as assault with a deadly weapon — but this is not the case.
In Texas, assault with a deadly weapon is a type of aggravated assault and a serious one at that. Here are a few things to remember:
- Aggravated assault charges can either be based on bodily injury or the use of a deadly weapon.
- You do not have to use a deadly weapon to be charged with aggravated assault.
- Even if no serious injury occurs, the presence of a deadly weapon can elevate an assault charge to an aggravated assault charge.
The definition of a “deadly weapon” is pretty vague under Texas law. It is defined as “any object that is capable of causing death or serious bodily injury.” Therefore, under Texas law, something as commonplace as a rolling pin could be construed as a deadly weapon.
Assault and aggravated assault sentences
There are a variety of situations that can be considered aggravated assault — but not all situations are created equally. Because of this, there are different penalty levels associated with an aggravated assault conviction.
Is aggravated assault a felony? YES. Aggravated assault is always a felony charge in Texas, although the aggravated assault jail time can vary. Here is a list of potential charges for assault offenses and their punishments in Texas.
| Offense | Charge | Maximum fine | Jail time |
| Simple assault | Class C misdemeanor | $500 | n/a |
| Simple assault | Class B misdemeanor | $2,000 | Up to 180 days |
| Simple assault | Class A misdemeanor | $4,000 | Up to 1 year |
| Felony assault | Third-degree felony | $10,000 | 2 – 10 years in prison |
| Aggravated assault, with or without a deadly weapon | Second-degree felony | $10,000 | 2 – 20 years in prison |
| Aggravated assault, with or without a deadly weapon | First-degree felony | $10,000 | 5 years – life in prison |
If you’re convicted of aggravated assault, even if it’s a first-time assault charge in Texas, you will automatically become a felon and likely face significant jail time. This is why it is essential to hire an attorney who knows how to beat an assault charge in Texas, regardless of the specific charge.
How to beat an assault charge in Texas
Beating an assault charge in Texas is tough, but hiring an attorney who knows how to beat an aggravated assault charge and has a record of success is a great start. They will be able to help you beat your charge by using one or more of these strategies:
- Failure to prove intent, reasonable apprehension, or harm. In order to prosecute you for assault, the state must prove intent, among other things. If they do not have the evidence to prove the intent, reasonable apprehension of harm on the part of the alleged victim, or that harm actually came to pass, they cannot convict you of assault.
- Mistaken identity. Physical situations often get confusing. Especially in the event of a public incident with multiple people involved, it is often difficult to be sure of the identity of aggressors.
- Accident. Accidents happen, and it is entirely possible that what happened was a simple mistake.
- False accusation. People are accused of things they didn’t do all the time. Whether you were accused of something someone else did or of something you outright didn’t do, it will still take a skilled attorney to prove it.
- Self-defense. Self-defense is an affirmative defense to an assaultive action. If you feared for your life or someone else’s and acted to protect it, you may have an affirmative defense to assault.
The difference between assault vs aggravated assault could be years of your life
Understanding the difference between assault vs aggravated assault is the tip of the legal iceberg when it comes to assault cases. If you’re wondering what to do if you’re accused of assault, the first thing you need to do is contact a seasoned assault lawyer at a reputable law firm.
Mark Thiessen at Thiessen Law Firm is an experienced and aggressive Houston assault attorney with a reputation for winning tough cases. If you need someone to protect your life, whether you’re facing domestic assault charges in Texasor simple assault charges, you need to call Thiessen Law Firm.
Call Thiessen Law Firm today at (713) 864-9000 or contact us online to defend your freedom.
More Helpful Articles by Thiessen Law Firm:
- What Is Deadly Conduct in Texas?
- Can You Get Arrested for a Bar Fight?
- What To Do If You’re Accused of Assault: A 4-Step Process
- Can the Police Search Your House Without a Warrant?
- Misdemeanors in Texas: When Small Charges Have Big Consequences
