Juvenile Aggravated Assault Charges in Texas

Aggravated assault is one of the most serious violent crime charges a juvenile can face in Texas. It carries the risk of long-term detention, transfer to adult court, and lasting consequences on a young person’s record. If your child has been charged with aggravated assault, you need an experienced juvenile defense attorney in your corner immediately.​

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What Is Aggravated Assault?

Under Texas law, a person commits aggravated assault when they:​

• Cause serious bodily injury to another person, intentionally, knowingly, or recklessly; or
• Use or exhibit a deadly weapon during the commission of an assault

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“Serious bodily injury” means injury that creates a substantial risk of death, causes permanent disfigurement, or results in the long-term loss or impairment of any body part or organ. A “deadly weapon” can include a firearm, knife, or any object capable of causing death or serious bodily injury, including in some cases a vehicle or even bare hands

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Aggravated assault is a second-degree felony in most cases, but can be elevated to a first-degree felony if the alleged victim is a public servant, family member, or if the offense involved a firearm discharged from a motor vehicle.

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How Aggravated Assault Is Handled in the Juvenile System

When a juvenile is charged with aggravated assault, the case is handled in the juvenile justice system unless prosecutors seek to have the child tried as an adult. The juvenile court focuses on rehabilitation, but aggravated assault is a serious offense that judges and prosecutors do not take lightly.

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Possible outcomes in the juvenile system include:

• Informal Adjustment: For first-time offenders with less serious circumstances, a case may be resolved informally without formal adjudication.
• Deferred Prosecution: The case is placed on hold while the juvenile completes certain conditions. If successful, charges are dismissed.
• Probation: The juvenile remains in the community under supervision with conditions such as counseling, community service, and school attendance.
• Commitment to TJJD: In more serious cases, the court may commit the juvenile to the Texas Juvenile Justice Department
• Adjudication under the Determinate Sentencing Act: Where the merits of the case is decided in Juvenile Court, and the punishment, if any, can be transferred to the adult criminal system.

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The Risk of Being Tried as an Adult or Transferred to the Adult System after Adjudication

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Juveniles who are 15 or older and charged with aggravated assault may be at risk of certification to adult court. If certified, your child faces adult-level penalties including 2-20 years in TDCJ. Fighting the State of Texas’ decision to seek certification could be the single most important battle in the case.

We appear at certification hearings and present evidence about your child’s background, mental health, school performance, family environment, and prospects for rehabilitation to argue that the juvenile system, not the adult criminal system, is the appropriate forum.

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Common Trial and Defense Strategies for Aggravated Assault

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Every aggravated assault case is unique, and the right defense depends on the specific facts. Common approaches include:

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Self-Defense or Defense of Others

Texas law allows a person to use force, including deadly force in certain circumstances, to protect themselves or others from unlawful attack. If your child was defending themselves or another person, this may be a complete defense to the charge.

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Challenging the “Serious Bodily Injury” Element

Not every injury qualifies as “serious bodily injury” under the law. If the prosecution cannot prove the injury rises to that level, the charge may be reduced to simple assault.

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Questioning the Use of a Deadly Weapon

Whether an object qualifies as a “deadly weapon” is a factual and legal question that can be contested. We scrutinize the evidence and challenge weapon enhancements where appropriate.

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Disputing Identity or Intent

Was your child actually the person involved? Did they act intentionally, or was the incident an accident or misunderstanding? These are questions that can fundamentally change the outcome of a case.

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Witness Credibility

Many aggravated assault cases rely heavily on witness accounts. We investigate thoroughly and challenge testimony that is inconsistent, biased, or unreliable.

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Why Early Intervention Matters

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The earlier we get involved in your child’s case, the more we can do. Before charges are even filed, we can communicate with law enforcement and prosecutors, present mitigating information, and potentially influence whether and at what level charges are pursued. Waiting until the last minute limits your options. Contact us as soon as your child is arrested or charged.

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Protecting Your Child’s Future

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Even after a case is resolved, the work isn’t over. We help families pursue record sealing and expunction when eligible, so a juvenile adjudication doesn’t follow your child into adulthood. Our commitment is to your child’s entire future, not just the outcome of today’s case.

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Your child’s future is too important to leave to chance. Call us today for a confidential consultation about your child’s aggravated assault charge.​