Aggravated Assault Lawyer in San Antonio
Felony Defense From an Attorney Who Has Tried These Cases to Verdict
A felony aggravated assault charge in Texas carries consequences that reach well beyond the courtroom: potential prison time measured in decades, a permanent criminal record, and lasting effects on employment, housing, and family. At The Locke Law Group, we represent clients facing these charges in San Antonio and throughout Bexar County, with services available in English and Spanish. If you’ve been charged or believe charges are coming, the time to act is now.
Our team is available 24/7 to discuss your case. Call (210) 361-3113 for a free initial consultation with The Locke Law Group.
What Texas Law Says About Aggravated Assault
Under Texas Penal Code Section 22.02, aggravated assault is committed in one of two ways: by causing serious bodily injury to another person or by using or exhibiting a deadly weapon during the commission of an assault. Either path elevates the charge from a misdemeanor to a felony with significant prison exposure.
The baseline classification is a second-degree felony, punishable by 2 to 20 years in prison and a fine of up to $10,000. Certain circumstances push the charge to a first-degree felony, where the sentencing range becomes 5 to 99 years or life. Those circumstances include:
- Family or household violence with a deadly weapon: When a deadly weapon is used and serious bodily injury is caused to a person in a qualifying family, household, or dating relationship
- Offense against a public servant: Committing the assault against a peace officer, security personnel, or another public servant acting in the line of duty
- Retaliation against a witness or informant: Targeting someone who reported a crime or cooperated with law enforcement
Serious Bodily Injury & Deadly Weapons: The Legal Definitions
Whether an assault becomes “aggravated” often turns on how a court defines two key terms. Under Texas Penal Code Section 1.07, serious bodily injury means injury that creates a substantial risk of death, causes death, results in serious permanent disfigurement, or causes protracted loss or impairment of a bodily member or organ. This is a higher threshold than ordinary bodily injury, which covers any physical pain, illness, or impairment of physical condition.
A deadly weapon includes firearms, but it also covers any object shown capable of causing death or serious bodily injury based on how it was used or intended to be used. That definition is broader than most people expect. Critically, aggravated assault doesn’t require that anyone was actually hurt. Threatening someone while using or exhibiting a deadly weapon can satisfy the legal standard on its own.
How Aggravated Assault Cases Move Through Bexar County Courts
Felony aggravated assault cases in San Antonio are heard in the Bexar County District Courts, located at the Cadena-Reeves Justice Center. Before a case can proceed to trial, prosecutors typically present it to a grand jury for indictment. That grand jury review is a critical early stage where having experienced legal representation already in place can influence how the case develops.
Defense Strategies in Aggravated Assault Cases
No two aggravated assault cases are identical. The defense strategy depends on the specific facts, the evidence the prosecution holds, and the circumstances surrounding the incident. Common approaches include:
- Self-defense: The accused reasonably believed force was necessary to prevent imminent harm to themselves
- Defense of others: The accused acted to protect another person from serious injury or death
- Lack of intent or recklessness: The prosecution must prove the accused intended to cause harm or acted recklessly with a deadly weapon; intent is frequently contested
- Mistaken identity: Eyewitness testimony is fallible, and unreliable identification can form the basis of a strong defense
- Consent: In limited contexts such as contact sports or a mutually agreed-upon altercation, consent may be relevant, though it doesn’t apply universally
We evaluate each of these angles against the actual evidence in your case, looking for weaknesses in the prosecution’s position before those weaknesses surface on the wrong side of a verdict.
Why The Locke Law Group Handles Aggravated Assault Defense Differently
Shannon Locke, our lead attorney, has personally tried aggravated assault cases to verdict. That direct trial experience with this specific charge matters when prosecutors know a case is likely to go to court. It can affect how negotiations unfold and how prepared your defense is if trial becomes necessary.
Board Certification in Criminal Law
Shannon is Board Certified in Criminal Law by the Texas Board of Legal Specialization, a credential fewer than ten percent of Texas attorneys earn. It requires documented professional experience, peer references, advanced legal training, and passage of a comprehensive examination. Board Certification in Criminal Law isn’t a marketing claim; it’s a measurable standard.
Prosecutor & Law Enforcement Perspective
Our team includes a former state prosecutor and a former San Antonio police officer, which gives us insight into how the prosecution builds its case and how investigators gather and document evidence from the scene forward. With more than 50 years of combined legal experience and award-winning representation, we bring substantive resources to every client we take on. Defense strategy is never templated; it’s built around the specific facts of your situation.
Start Your Defense With a Free Consultation
Waiting to get legal help after a felony charge rarely works in your favor. We offer a free initial consultation so you can understand your options without any financial commitment upfront. Flexible payment arrangements are available, and our team is reachable 24/7 with prompt communication throughout your case.
Call (210) 361-3113 now to speak with The Locke Law Group about your aggravated assault charge in San Antonio. We’re ready to discuss your case.