What Is a Deadly Weapon in Texas?

A lamp on a side table. A key on your keychain. A wrench in your toolbox. None of these items seems particularly dangerous on their own — until they’re used in an assault, and suddenly you’re facing aggravated assault charges involving a deadly weapon.

So, what is a deadly weapon in Texas? Under Texas law, a deadly weapon isn’t limited to guns and knives — it’s anything that’s capable of causing death or serious bodily injury, depending on how it’s used or meant to be used. The stakes are incredibly high when deadly weapon enhancements are added to assault charges, turning what might have been a misdemeanor into a serious felony with mandatory prison time.

If you or a loved one is facing charges involving a deadly weapon, you need an attorney who knows how to fight these cases and win. Mark Thiessen and the criminal defense team at Thiessen Law Firm have earned 140+ Not Guilty verdicts by aggressively defending clients against even the toughest felony and assault charges.

Call us today at (713) 864-9000 for the winning defense you deserve.

What is classified as a deadly weapon?

Texas law casts a surprisingly wide net when it comes to defining deadly weapons. According to Texas Penal Code § 1.07(a)(17), a deadly weapon is anything that, in the manner of its use or intended use, is capable of causing death or serious bodily injury. Let’s break that down, because the “manner of its use” part is crucial here.

This definition creates two categories of deadly weapons in Texas:

Inherently deadly weapons: Some objects are considered deadly weapons by their very nature — firearms, knives, brass knuckles, explosives, and similar items designed to cause harm. These are per se deadly weapons, meaning prosecutors don’t have to prove they were used in a deadly manner; the object itself is enough.
Objects used as deadly weapons: This is where things get complicated. Virtually any object can become a deadly weapon in Texas if it’s used in a way that could cause death or serious bodily injury. Courts have upheld deadly weapon findings for cars, beer bottles, rocks, belts, steel-toed boots, baseball bats, hammers, screwdrivers, and many stranger things.

The key factor isn’t what the object is — it’s how it was used or how the prosecution claims it was intended to be used. A prosecutor doesn’t have to prove that someone was actually killed or seriously injured, only that the object was capable of causing death or serious injury in the way it was used. This gives prosecutors enormous leverage to escalate charges from simple assault to aggravated assault with a deadly weapon, which carries significantly harsher penalties.

Learn more: Can an assault charge be expunged? And can assault charges be dropped?

How does a deadly weapon enhancement affect assault charges?

The presence of a deadly weapon fundamentally changes an assault charge in Texas. Here’s how it works:

Under Texas law, simple assault occurs when someone intentionally, knowingly, or recklessly causes bodily injury to another person, threatens someone with imminent bodily injury, or causes physical contact that’s provocative or offensive. Simple assault is typically charged as a Class A misdemeanor, carrying up to one year in jail and a $4,000 fine.
The moment a deadly weapon enters the equation, the charge escalates to aggravated assault under Texas Penal Code § 22.02. Assault with a deadly weapon is automatically charged as a second-degree felony at minimum, which means you’re looking at 2 to 20 years in prison and up to a $10,000 fine.
If the deadly weapon was used against certain protected classes — like police officers, judges, emergency workers, or security guards — or if you have a prior conviction for aggravated assault, the charge bumps up to a first-degree felony. First-degree felonies carry 5 to 99 years or life in prison.

This deadly weapon designation also affects nearly every other aspect of your case: Deadly weapon charges often mean bail set at $25,000 or higher; plea bargain negotiations become more difficult because prosecutors know they have leverage; and even if you’re eligible for probation, judges are far less likely to grant it when a deadly weapon is involved.

Continue reading: How much is bail for assault?

What are the penalties for assault with a deadly weapon in Texas?

As we’ve touched on, the penalties for assault involving a deadly weapon are severe, and they only get worse depending on the circumstances of your case. Let’s break down exactly what you’re facing:

Charge	Prison Time	Maximum Fine
Second-degree felony aggravated assault	2 – 20 years	$10,000
First-degree felony aggravated assault	5 – 99 years or life	$10,000

A deadly weapon finding also drastically limits your sentencing options. If a jury finds you guilty of an offense involving a deadly weapon, only the jury — not the judge — can grant you probation. This means your fate is entirely in the hands of the jury, and you lose the option of seeking probation from the judge during sentencing.

Additionally, if there is a deadly weapon finding and you’re sentenced to prison, you must serve at least half of your sentence before becoming eligible for parole. This mandatory minimum essentially doubles the amount of time you’ll spend behind bars before even being considered for early release.

Collateral consequences of criminal convictions

Prison time and fines are just the beginning. A conviction for aggravated assault with a deadly weapon means you’ll face collateral consequences that follow you for the rest of your life:

Difficulty finding employment
Loss of voting rights while incarcerated
Loss of your right to own firearms
Ineligibility for professional licenses
A criminal record that will appear on every background check
No possibility of expungement if convicted

It’s also important to understand that deadly weapon findings don’t just apply to assault cases. The designation affects charges across the criminal code — from robbery to home invasion to even self-defense cases.

The bottom line is this: if you’re facing assault charges involving a deadly weapon, you’re facing years or decades in prison unless you fight back with an aggravated assault lawyer who knows how to win these cases.

Deadly weapons in Texas — FAQs

Are fists considered deadly weapons in Texas?

Yes, fists can be considered deadly weapons in Texas, but only under specific circumstances. If your hands or feet are used in a manner capable of causing death or serious bodily injury — such as repeatedly beating someone, striking a vulnerable person like a child or elderly individual, or causing severe injuries — they can be classified as deadly weapons. The key factor is always how they were used, not the body parts themselves.

Can I use deadly force to protect my property in Texas?

Texas law does allow the use of deadly force to protect property, but only in very limited circumstances under specific conditions outlined in Texas Penal Code § 9.42. Generally, you can use deadly force to protect property if you reasonably believe it’s necessary to prevent theft, criminal mischief, or arson, and you reasonably believe no other means will protect your property.

However, these cases are highly fact-specific and the line between lawful defense and criminal assault is razor-thin, which is why you need an experienced attorney if you’re facing charges, even if your actions are protected under Stand Your Ground Laws or the Castle Doctrine.

Learn more: When is it legal to shoot someone in Texas?

What is aggravated assault with a deadly weapon in Texas?

Aggravated assault with a deadly weapon occurs when someone causes serious bodily injury to another person or uses or exhibits a deadly weapon during an assault. It’s charged as a second-degree felony at minimum, carrying 2 to 20 years in prison, but can be elevated to a first-degree felony if the victim is a public servant or if the defendant has prior aggravated assault convictions. The deadly weapon designation is what transforms a simple assault misdemeanor into a serious felony with mandatory prison time.

You’ve been charged, not convicted — fight your deadly weapon case with Thiessen Law Firm.

So, what is a deadly weapon in Texas? It’s not just guns and knives — it’s anything capable of causing death or serious bodily injury in the manner it’s used. That means your car, a tool, a bottle, or even your hands can transform a misdemeanor assault into a second-degree or first-degree felony with decades of prison time on the line.

But here’s what you need to remember: being charged with aggravated assault with a deadly weapon doesn’t mean you’re going to be convicted. At Thiessen Law Firm, we’ve made our name taking tough felony cases to trial and winning them for our clients. We don’t back down from aggressive prosecutors or complicated cases — we fight until the end for your freedom.

Don’t let a deadly weapon enhancement destroy your future. Call Thiessen Law Firm today at (713) 864-9000 or contact us online to start building your defense.

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