A first-degree felony assault allegation can place your freedom, reputation, career, and future at risk. Texas law authorizes some of the state’s most severe criminal penalties for these cases. Prosecutors may also rely on medical records, witness statements, videos, weapons evidence, and statements made during the investigation.
Texas does not typically name an offense “first-degree assault.” Instead, the law identifies certain aggravated assault cases as first-degree felonies. Understanding this distinction matters because not every serious injury or weapon allegation meets the requirements for the higher charge.
The Law Office of Jesse Hernandez represents people facing serious criminal charges in San Antonio. If prosecutors have accused you of first-degree felony aggravated assault, contact a first-degree assault attorney before answering questions or making decisions about your case.
What Is First-Degree Assault in Texas?
Under Texas Penal Code §22.02, aggravated assault occurs when a person commits assault and either causes serious bodily injury or uses or exhibits a deadly weapon during the alleged offense. Texas usually classifies aggravated assault as a second-degree felony. Specific facts can raise the charge to a first-degree felony.
Texas law defines serious bodily injury as an injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or a prolonged loss or impairment of a body part or organ.
The law defines a deadly weapon as a firearm, an item designed or adapted to cause death or serious bodily injury, or another object that can cause those results based on how someone allegedly used or intended to use it. As a result, prosecutors may label more than guns and knives as deadly weapons. A vehicle, tool, or common object may become part of a deadly weapon allegation depending on the circumstances.
The classification often depends on details that police reports do not fully explain. A first-degree assault lawyer can examine the evidence and determine whether the allegations support the charge prosecutors filed.
What Classifies Assault as a First-Degree Felony?
Aggravated assault does not automatically become a first-degree felony because someone suffered an injury or because police claim that a weapon was present. Texas law identifies specific circumstances that can elevate the offense.
Examples include allegations that a person:
- Used a deadly weapon and caused serious bodily injury to a spouse, dating partner, family member, or household member
- Used a deadly weapon and caused a traumatic brain or spinal injury that resulted in a persistent vegetative state or irreversible paralysis
- Committed the assault as a public servant acting under the authority of an official position
- Assaulted a known public servant who was performing an official duty or retaliated against that person
- Retaliated against a witness, prospective witness, informant, or person who reported a crime
- Assaulted a known process server or security officer while that person performed official duties
- Discharged a firearm under the vehicle-related circumstances described in the statute
- Committed the assault as part of a mass shooting
The current statute contains additional details and narrow requirements for these categories. Prosecutors must connect the facts of the case to the applicable legal elements. The presence of an injury, weapon, or protected person does not remove the prosecution’s burden to prove the charge.
Your attorney should review the charging documents carefully. The defense must understand which statutory provision prosecutors intend to use and what evidence they believe supports it.
Possible Sentencing for First-Degree Assault
Texas treats a first-degree felony as a serious criminal offense. A conviction may result in:
- Five to 99 years or life in prison
- A fine of up to $10,000
- A permanent felony record
- Restrictions that continue after the sentence ends
The prison range does not mean that every person receives the same sentence. The outcome can depend on the evidence, circumstances, criminal history, court rulings, negotiations, and other factors. No attorney should guarantee a specific sentence or case result.
The possible prison term makes early defense preparation critical. Waiting can allow videos to disappear, witnesses to become harder to locate, and memories to fade.
Long-Term Consequences of a Conviction
Prison and fines may not represent the only consequences of a first-degree felony conviction. A felony record may affect a person’s ability to possess a firearm, obtain certain professional licenses, pursue some types of employment, access certain programs, or secure housing.
Employers and landlords may also consider criminal records when reviewing applications. The exact restrictions depend on the conviction, the person’s circumstances, and the laws that apply.
These consequences can continue long after someone completes a sentence. That is why a person facing a first-degree felony should take the charge seriously from the beginning.
What Should You Do After an Arrest?
The hours and days after an arrest can shape the rest of the case. Fear or frustration may cause someone to make statements that prosecutors later use against them.
Take several precautions after an arrest or accusation:
- Do not answer questions about the incident without an attorney.
- Do not contact the alleged victim or potential witnesses.
- Do not ask another person to make contact on your behalf.
- Follow every bond condition and protective order.
- Preserve relevant messages, photos, videos, location records, and documents.
- Avoid discussing the case on social media.
- Contact a criminal defense attorney promptly.
Do not delete evidence, even when you think it could make you look bad. Deleting messages or files can create additional concerns. Give the information to your lawyer and allow the defense team to evaluate it.
How an Attorney Can Approach the Charge
A first-degree felony allegation requires more than a general review of the police report. The defense should examine the specific element that elevated the case from a second-degree to a first-degree felony.
A first-degree assault attorney may investigate questions such as:
- Did the alleged injury meet the legal definition of serious bodily injury?
- Did the object qualify as a deadly weapon based on its alleged use?
- Did the accused know the other person held a protected role?
- Do witness statements conflict with videos or physical evidence?
- Did the accused act in self-defense or defense of another person?
- Did police identify the correct person?
- Did investigators preserve all relevant evidence?
- Did officers obtain statements or evidence lawfully?
- Can prosecutors prove the required mental state?
- Does the evidence support the first-degree enhancement?
Possible defense strategies may involve self-defense, defense of another person, mistaken identity, false allegations, lack of intent, unreliable witnesses, incomplete evidence, or a challenge to the classification of the injury or alleged weapon.
No single defense applies to every case. The attorney must develop an approach based on the evidence and the client’s account of what happened.
Why Legal Representation Matters
A first-degree felony assault case may involve several stages, including bond proceedings, evidence review, pretrial motions, negotiations, hearings, and possible trial preparation. Each stage can require important decisions.
A criminal defense lawyer can communicate with prosecutors, request and review evidence, identify legal issues, prepare motions, explain possible options, and represent the accused in court.
The attorney should also give straightforward advice. A responsible lawyer will not promise a dismissal, acquittal, reduced charge, or particular sentence. Instead, the attorney should explain the strengths and challenges of the case and help the client make informed decisions.
Why San Antonio Residents Consider Jesse Hernandez
Jesse Hernandez focuses his practice on criminal defense and represents people accused of misdemeanor and felony offenses in San Antonio. He began his legal career as an assistant public defender, where he gained experience handling criminal cases and defending people within the Texas court system.
The Law Office of Jesse Hernandez has represented clients facing serious assault allegations. The firm approaches these cases by examining the evidence, identifying inconsistencies, reviewing possible defenses, and preparing a strategy around the facts of the individual case.
People comparing first-degree assault attorneys should consider the lawyer’s criminal defense background, experience with violent crime allegations, approach to evidence, communication style, and willingness to prepare for court.
The Law Office of Jesse Hernandez offers San Antonio clients:
- Experience handling misdemeanor and felony criminal cases
- A defense strategy tailored to the specific allegations
- Careful review of police reports and available evidence
- Straightforward explanations of the legal process
- Negotiation and courtroom advocacy
- Personalized guidance as the case progresses
Serious charges require serious preparation. Jesse Hernandez and his criminal defense team work to help clients understand what they face and what steps may be available.
Contact a First-Degree Assault Lawyer in San Antonio
A first-degree felony aggravated assault charge can lead to decades in prison and consequences that affect many parts of your life. Do not attempt to explain the situation to investigators or contact the alleged victim without legal guidance.
Contact the Law Office of Jesse Hernandez to discuss your case with a San Antonio first-degree assault attorney. The firm can review the allegations, explain the legal process, and begin evaluating the evidence connected to the charge.
