Houston Aggravated Assault Lawyer

Houston Aggravated Assault Attorney

If you have been accused of or charged with aggravated assault, you may be feeling a wide range of emotions. You may be overwhelmed, anxious, or even afraid when thinking about the prospect of the legal challenges you might face. The good news, though, is that you do not have to walk through the unknown unsupported. You can reach out to an experienced Houston aggravated assault lawyer to help you navigate the next steps in the justice process.

About Greco Neyland, PC

When you are facing serious criminal charges that could have a dramatic effect on the rest of your life, you need serious defensive representation. At Greco Neyland, PC, we are prepared to represent you through every step of the criminal justice process, from the original accusations against you all the way through to a trial, if your case requires one.

Between the three attorneys at our firm, we bring decades of experience to our clients’ defense. Our attorneys also have backgrounds in prosecution and law enforcement, which gives them a unique advantage in the courtroom. We are often able to anticipate strategies of prosecution, allowing us to stay one step ahead and effectively defend our clients.

Our Houston office is conveniently located at 701 North Post Oak Road, making it easy for our Houston clients to come and discuss their cases with us. We are also always available by phone or email for our clients. When you choose us to represent you in your aggravated assault case, you can face the legal system with the confidence that comes from knowing you have a strong, tenacious team in your corner.

What Is Assault in Texas?

Assault is one of the most common criminal offenses across the United States. In Texas, simple assault is defined under Texas Penal Code § 22.01 and is referred to as simply “assault.” It involves intentionally threatening to cause or causing bodily harm to another person. Some examples of simple assault are listed below:

• Hitting a person with your fist, causing bruises.
• Charging toward someone as if to hit them, even if you do not hit them.
• Spitting on or shoving a person.

Most assault charges are misdemeanors in Texas, meaning that offenders cannot be punished by more than one year in prison. When crimes are made more dangerous due to aggravating factors, the charges and penalties get worse. Aggravated assault is a different charge entirely.

What Is Aggravated Assault in Texas?

Aggravated assault is relatively common in Texas, with 1,587 incidents reported in Harris County in May of 2025 alone. However, only 439 criminal cases were filed. This leaves a wide margin of non-criminalized offenses that were reported but never resulted in a criminal case. While the odds may be good that your case may not be criminalized, hiring an aggravated assault lawyer can make them better.

Aggravated assault is defined under Texas Penal Code § 22.02. In legal terms, when a crime is considered “aggravated,” this means that one or more aggravating factors apply that make the crime more serious. Under Texas law, assault is considered aggravated when one or more of the two circumstances listed below occur:

• The assault results in serious bodily injury to the person.
• The assault is committed with, or the offender displays, a deadly weapon.

Aggravated assault is considered a second-degree felony in Texas under most circumstances, but it may be charged as a first-degree felony if the offender used a deadly weapon in the assault and any of the following are true:

• The assault caused serious bodily injury to a person defined as a member of the offender’s family.
• The victim suffered a traumatic brain injury that resulted in a persistent vegetative state or permanent paralysis as a result of the assault.

Aggravated assault can be charged as a first-degree felony if the victim was a public servant or peace officer, or if the offender was in a vehicle and shot a firearm into or in the direction of another vehicle or a building.

Potential Penalties for Aggravated Assault in Texas

In Texas, aggravated assault is always a serious felony charge, whether it is a second-degree or first-degree felony. Both of these charges carry significant and life-altering penalties. Possible consequences of second-degree and first-degree aggravated assault are listed below:

• A Texas felony in the second degree can result in a sentence of two to 20 years’ imprisonment, up to a $10,000 fine, and mandatory community service, as well as any other restitution a judge sees fit to order. Ultimately, an offender’s sentence usually depends on their prior criminal record. A judge may also consider mitigating factors, if there are any.
• A Texas felony in the first degree can carry a sentence of five years to life in prison and a fine of up to $10,000, in addition to probation, community service, or the aforementioned additional restitution.

In addition to the legal consequences, a person who commits an aggravated assault may face civil actions from the victim or their family. There are other long-term effects of a felony conviction that extend well beyond the time a person spends in prison, as well. For example, a person convicted of a felony may be barred from certain employment, may not be able to live in certain housing, and may be prohibited from owning a firearm for life.

A felony conviction can also follow a person in an intangible way for the rest of their life. The reputational damage associated with being a felon is incalculable. All of these potential consequences, criminal, civil, and intangible, add up to a life-altering event. This is why it is so important to enlist the help of a reputable and qualified Houston aggravated assault attorney as soon as you can.

Why You Should Hire an Aggravated Assault Lawyer?

If you have been charged with aggravated assault in Houston, TX, or even if you have recently had an incident that you think might result in charges, you should hire an aggravated assault lawyer at your earliest opportunity. Bringing an attorney on at the very beginning of the criminal justice process can help you by providing invaluable legal oversight during the investigative stages of the case against you.

In the United States, all people accused of crimes are to be presumed innocent until they are proven guilty, through evidence, in a court of law. In order to preserve an accused person’s constitutional rights, law enforcement officers must follow strict procedural standards when collecting evidence. If these procedural rules are not followed, any evidence found may not be admissible in court. An experienced attorney can watch for any missteps and address them.

Sometimes, this attention to procedural rules results in dismissed charges. For example, if the only evidence against a person was collected illegally, the case may ultimately need to be dismissed for lack of admissible evidence.

If your case does proceed, your attorney can support you by helping you stay aware of the proceedings and your legal position. An experienced lawyer can gather evidence regarding your case and begin building a compelling defense for you. If your case does ultimately make it to a courtroom trial, your lawyer can represent you before a judge and jury and argue in your defense.

Potential Defenses for Aggravated Assault Charges

There are many possible defenses your lawyer might use on your behalf to defend you against aggravated assault charges in Texas. Some potential and commonly cited strategies are listed below:

• Insufficient evidence: In any criminal proceeding, it is the responsibility of the prosecution to prove the accused person is guilty of the charges beyond a reasonable doubt. If your lawyer believes the prosecution’s evidence is inadequate, they may argue that fact in your defense.
• Self-defense: Physical force, up to and including deadly force, may be considered justified if you were defending yourself against imminent bodily harm. For example, if someone was attacking you or threatening you, and you feared for your life, defending yourself using a weapon against that person might be considered justified.
• Defense of others: Actions that might otherwise be considered aggravated assault may also be justified if they were performed in defense of other people. For example, if you were defending your child or another family member against what you reasonably believed was imminent bodily harm, a court may decide the action was justified.
• Lack of intent: In order for a person to be convicted of aggravated assault, the prosecution must generally prove that their actions were intentional. Therefore, you and your attorney could argue that you were not in the mental state required to warrant a criminal conviction.
• No serious injury: Under one of the definitions of aggravated assault, according to Texas law, the victim must have sustained a serious bodily injury. One possible defense against aggravated assault charges is to argue that the victim’s injuries should not be considered serious. If successful, this strategy could result in the charges being downgraded during the pre-trial phase of the case.
• No deadly weapon: The other definition of aggravated assault in Texas requires that the offender used or displayed a deadly weapon in the course of the assault. In some cases, you and your attorney might choose to challenge the assertion that you used a deadly weapon.
• False accusations: In some cases, a person may be falsely accused of a crime like aggravated assault. If you are entirely innocent of the charges against you, your attorney may be able to prove this in court by providing an alibi defense or other facts that refute the statements made against you.
• Rights violations: As previously mentioned, proper procedure is vital when police are conducting a criminal investigation against someone. Police officers may not conduct searches or seizures of property unless they have a warrant or probable cause, and any evidence obtained through illegal means is not admissible in court. If your lawyer believes the evidence against you is inadmissible, they can argue that in court.

These are just some of the defense solutions a lawyer might use to push back against aggravated assault charges against you. In many cases, attorneys use more than one approach in building a successful defense. You can discuss your individual circumstances with your attorney, and together, the two of you can decide how to structure your defense.

FAQs About Houston, TX Aggravated Assault Laws

Is it Possible to Successfully Defend Against Aggravated Assault Charges in Texas?

Yes, it is possible for a skilled lawyer to defend you against aggravated assault charges in Texas, even if there is significant evidence against you. Your attorney can question the prosecution’s version of events, demonstrate your character in court, and employ a defense strategy that puts you in a positive light. Even if it is not possible to get an acquittal because of the magnitude of evidence against you, a skilled attorney may be able to get your charges reduced or get a lenient sentence.

How Much Does It Cost to Hire an Aggravated Assault Lawyer in Houston?

Price ranges for attorneys vary widely throughout the state of Texas, and this goes for Houston, as well. Lawyers usually set their own hourly rates, and the cost of a lawyer’s services for a particular case can also depend on the complexity of the case, how long it takes to move through the criminal justice system, and whether or not the case goes to a full trial. Most lawyers require a retainer fee up front to begin working on a case.

What Court Handles Aggravated Assault Cases in Houston?

In Texas, aggravated assault cases are felony cases, so they are handled by the state’s criminal district courts. For incidents taking place in Houston, the relevant courts are the Harris County Criminal District Courts, most of which are housed at the Harris County Criminal Justice Center. This courthouse is located at 1201 Franklin Street in Houston.

Does Aggravated Assault Always Result in Jail Time in Texas?

Not necessarily. Although aggravated assault is a felony of either the second or first degree, jail time is generally not mandatory in Texas. The minimum penalties are statutory, meaning that the actual confinement time is not necessarily mandatory, and the sentences can be replaced by probation or community service as the judge sees fit.

Contact Greco Neyland, PC, a Reputable Texas Aggravated Assault Law Firm

If you have been charged with aggravated assault in Texas, or if you think you may soon be charged, you need strong legal representation on your side. At Greco Neyland, PC, we have the skills and knowledge necessary to advocate for you. Contact us today to tell us about your needs.