Aggravated Assault Defense Attorney in Houston

Former Harris County Prosecutors. Full Defense From Day One.

An aggravated assault charge under Texas Penal Code Section 22.02 is a felony with consequences that reach far beyond a prison sentence. Employment, professional licenses, firearm rights, and immigration status are all at risk. The state must prove every element beyond a reasonable doubt, and a charge is not a conviction. What happens in the first days after an arrest can affect bond conditions, the direction of the investigation, and how much leverage the prosecution builds before trial.

We handle aggravated assault cases in Houston and throughout Harris County from the investigation phase through trial and, when necessary, through post-conviction appeals. Nicole DeBorde Hochglaube served as a prosecutor at the Harris County District Attorney’s Office from 1994 to 2002. That background gives our team direct insight into how Houston prosecutors assess and build these cases, shaping how we identify weaknesses before they can be used against our clients.

If you or someone you know is facing aggravated assault charges in Houston, contact Hochglaube & DeBorde, PC now at (713) 526-6300 for a free initial consultation. We’re available 24/7.

What Aggravated Assault Means Under Texas Law

Texas Penal Code Section 22.02 defines aggravated assault as committing assault under Section 22.01 plus one of two aggravating factors: (1) causing serious bodily injury to another person, including a spouse, or (2) using or exhibiting a deadly weapon during the commission of the assault. Simple assault is typically a misdemeanor. Either factor elevates the offense to a felony.

Two key definitions shape how these cases are charged:

• Serious bodily injury means injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
• Deadly weapon under Section 1.07(a)(17) is a firearm or anything manifestly designed, made, or adapted to inflict death or serious bodily injury, or anything that in the manner of its use or intended use is capable of causing death or serious bodily injury. The classification is fact-specific.

Aggravated assault doesn’t require physical contact. Using or exhibiting a deadly weapon during a threat is enough to trigger the charge. The prosecution must also prove the defendant acted intentionally, knowingly, or recklessly as defined under Texas Penal Code Section 6.03, and that mental state element is one the defense can directly contest.

Penalty Ranges: Second-Degree & First-Degree Felony

Aggravated assault is a second-degree felony as a baseline, carrying 2 to 20 years in the Texas Department of Criminal Justice and a fine up to $10,000. Several circumstances elevate the charge to a first-degree felony, which carries 5 to 99 years or life in prison. First-degree elevation applies when a deadly weapon is used and causes serious bodily injury to a family or household member, or when the offense is committed against a public servant performing official duties, a witness or informant, an on-duty security officer, or in certain drive-by shooting scenarios. The elevation categories and their effect on parole eligibility are detailed in the section below.

Aggravated assault is also classified as a 3g offense under Article 42A.054 of the Texas Code of Criminal Procedure. That designation bars a judge from granting straight probation after conviction, and community supervision is further restricted when a deadly weapon was used or exhibited. Deferred adjudication through a judge, following a plea, may remain available in some second-degree felony cases, but those outcomes depend entirely on the facts and the court. We don’t make promises about results; we work to understand every available path and pursue the strongest one for each client.

Defense Strategies in Aggravated Assault Cases

Our approach starts with the evidence. We conduct independent investigations, work with professional investigators, and examine every piece of the state’s case before trial. Nicole DeBorde Hochglaube’s years at the Harris County District Attorney’s Office inform how we read a prosecution file, and our preparation is built to find where the state’s case is weakest.

Defense approaches we evaluate in aggravated assault cases include:

• Self-defense under Texas Penal Code Chapter 9 is a complete affirmative defense when the defendant reasonably believed force was immediately necessary to protect against another’s unlawful force; deadly force is justified against deadly threats, sexual assault, or kidnapping.
• Defense of others applies the same framework when a defendant acted to protect a third party.
• Challenging the serious bodily injury element when the injury doesn’t meet the statutory definition, which may reduce the charge to a Class A misdemeanor.
• Contesting the deadly weapon classification because the manner of use and intent are fact-specific, and not every object qualifies under Section 1.07(a)(17).
• Mistaken identity and alibi through evidence of the defendant’s whereabouts and challenges to eyewitness reliability.
• Suppression of unlawfully obtained evidence through pre-trial motions when constitutional protections were violated.
• Credibility challenges targeting inconsistent statements or a complaining witness’s motive to fabricate.
• Lesser included offense arguments when the deadly weapon or serious bodily injury element can’t be proven beyond a reasonable doubt.

One reality worth understanding in Harris County: the DA’s Office may continue prosecution even after a complaining witness recants or requests dismissal. That makes independent evidence gathering from the earliest stage critical, not optional.

Why Houston Defendants Choose Hochglaube & DeBorde, PC

We bring more than 60 years of combined criminal defense experience to every case, in Texas state courts and federal courts nationwide. Nicole DeBorde Hochglaube prosecuted cases at the Harris County District Attorney’s Office from 1994 to 2002 and now defends clients against those same kinds of charges. That dual perspective is a practical advantage when evaluating how the DA’s Office is likely to approach a specific case.

Credentials & Recognition

Our credentials include an AV Preeminent peer review rating from Martindale-Hubbell, recognition by Best Lawyers and U.S. News and World Report Best Law Firms, and Super Lawyers designations including Top 100 in Texas and Top 50 Women in Texas. Nicole DeBorde Hochglaube was named 2017 Lawyer of the Year in Criminal Defense for the Houston area by Best Lawyers. She is licensed in Texas and in multiple federal courts, including the Southern District of Texas, the Fifth Circuit, and the United States Supreme Court.

Full-Service Representation & Availability

We represent clients at every stage: investigation, bond hearings, pre-trial motions, trial, and appeals. Our attorneys are available 24/7 by phone, fax, and email, and provide clients with direct cell phone access throughout the representation.

Talk to an Aggravated Assault Defense Lawyer in Houston Today

A felony assault charge puts your freedom, your record, and your future at risk. The decisions made early in a case carry weight that’s difficult to undo later. Our team can review your situation, explain your options, and start building a defense immediately.

Hochglaube & DeBorde, PC offers a free initial consultation with no obligation. Our attorneys are available around the clock. Call us now at (713) 526-6300 or reach out through our online contact form to speak with our team today.