Aggravated Assault Defense Attorney in San Antonio

Felony-Level Defense for Bexar County Assault Charges

An aggravated assault charge is a felony in Texas. That distinction matters immediately: it shapes bond conditions, plea options, and what the prosecution can seek at trial. At The Law Office of John J. Fox, we defend individuals facing these charges in San Antonio and throughout Bexar County, and we get involved from the moment you call. With over 25 years of criminal defense experience and active membership in the San Antonio Criminal Defense Lawyers Association, Attorney John J. Fox understands how Bexar County prosecutors and judges approach these cases.

Early decisions carry real weight. How bond is argued, what evidence gets preserved, and what defenses are identified in the first days can shape everything that follows. We offer free case consultations so you can understand your situation and your options without delay.

Facing aggravated assault charges in San Antonio? Call The Law Office of John J. Fox now at (210) 460-1221 to schedule your free consultation and start building your defense today.

What Qualifies as Aggravated Assault Under Texas Law

Texas Penal Code Section 22.02 defines aggravated assault as an assault that either causes serious bodily injury to another person or involves the use or exhibition of a deadly weapon. These two elements are what separate a felony aggravated assault charge from the misdemeanor-level simple assault defined under Section 22.01.

Serious bodily injury, defined under Texas Penal Code Section 1.07(a)(46), means injury that creates a substantial risk of death or causes death, serious permanent disfigurement, or protracted loss or impairment of any bodily member or organ. A deadly weapon includes firearms and knives, but also any object used in a manner capable of causing death or serious bodily injury. This category is broad and frequently contested.

Two aspects of this law surprise many people charged under it. First, no physical injury is required if a deadly weapon was displayed during a threat. Second, the line between misdemeanor and felony often turns on how an injury is medically classified, which is why medical evidence becomes a central battleground in many of these cases.

Penalties for Aggravated Assault in Texas

By default, aggravated assault is a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000. Several circumstances push the charge to a first-degree felony, where the sentencing range jumps to 5 to 99 years or life in prison.

A charge escalates to a first-degree felony when:

• The defendant uses a deadly weapon and causes serious bodily injury to a family member, household member, or dating partner (aggravated assault family violence)
• The victim is a public servant, security officer, or process server acting in an official capacity
• The assault was committed in retaliation against a witness, informant, or someone who reported a crime
• The offender discharged a firearm from a motor vehicle at or toward a habitation, building, or vehicle while reckless as to whether it was occupied, and the discharge caused serious bodily injury

Fines are capped at $10,000 regardless of degree. Probation and deferred adjudication (a form of supervision that avoids a final conviction if completed successfully) may be available in some cases, but both carry significant restrictions. Deferred adjudication is rarely granted when a deadly weapon is involved, and under Texas law, a judge may not grant community supervision after conviction if a deadly weapon was used or exhibited during the offense.

How an Aggravated Assault Case Moves Through Bexar County Courts

After an arrest in San Antonio, the accused is processed at a Bexar County detention facility. An initial appearance before the Bexar County Magistrate’s Office is where bond conditions are first set. How bond is argued at this stage can determine whether a client goes home during the case or waits in custody.

From there, the case moves through arraignment, pre-trial conferences, and potential plea negotiations before reaching trial in the Bexar County Criminal District Courts. San Antonio prosecutors treat aggravated assault seriously, particularly when injury, a weapon, or a protected victim is involved. Our familiarity with how local judges and prosecutors interpret evidence directly informs how we approach each stage.

We guide clients through every procedural step, explaining what each hearing requires and what the choices on the table actually mean. We also identify procedural errors, diversion program eligibility, or alternative sentencing options that may apply to the specific facts of a case. You won’t be left guessing about where things stand.

Defense Strategies for Aggravated Assault Charges

No two aggravated assault cases are identical, and the defense strategy depends entirely on the specific facts. We conduct a thorough review of police records, medical evidence, weapon reports, witness accounts, and electronic evidence such as security footage or text messages before identifying the strongest path forward.

Self-Defense
Under Texas Penal Code Section 9.31, a person is justified in using force when they reasonably believe it is immediately necessary to protect themselves against another’s unlawful use or attempted use of force. Defense of others follows the same logic when force was used to protect a third party.

Mistaken Identity
The prosecution must prove beyond a reasonable doubt that the accused was the person who committed the assault. When witness identification is inconsistent or unreliable, this becomes a viable avenue to challenge.

Challenging Injury Classification
If the alleged injuries don’t meet the statutory definition of serious bodily injury, a charge may be reduced. Medical evidence is central to this argument, and we work with local professionals to evaluate it carefully.

Lack of Intent and Constitutional Challenges
When conduct was accidental rather than intentional or knowing, intent arguments may apply. Separately, if evidence was obtained through an unlawful search, improper arrest, or lack of probable cause, constitutional challenges can move to suppress that evidence before trial.

In some cases, the prosecution’s case weakens when a witness lacks credibility or admissible evidence is limited. We pursue every avenue available, including diversion or rehabilitation programs where Bexar County procedures allow.

Why San Antonio Clients Choose The Law Office of John J. Fox for Aggravated Assault Defense

Attorney John J. Fox has practiced criminal defense in San Antonio for over 25 years, not just accumulating experience, but building direct familiarity with the Bexar County courts where these cases are decided. As a member of the San Antonio Criminal Defense Lawyers Association and someone who educates others on criminal law, he brings a depth of engagement with the local legal community that shows up in how we prepare and argue each case.

We provide one-on-one attention to every client. When we review your case, we examine medical records, weapon classifications, witness credibility, and the prosecution’s theory from every angle. We negotiate with prosecutors where that serves you and take cases to trial when it doesn’t. Our goal at every stage is to protect your future and pursue the best possible outcome based on the facts and law in your case.

Consequences of a Felony Conviction That Last Beyond Sentencing

A prison sentence and a substantial fine are serious. What follows on a permanent record can be just as damaging over time. A felony aggravated assault conviction can appear on background checks indefinitely, affecting housing applications and employment opportunities. Many employers decline candidates with felony records, and professional licenses in fields like healthcare, education, law, and finance can be denied or revoked.

A felony conviction also means the permanent loss of the right to possess or purchase firearms under both Texas and federal law. For non-citizens, certain felony convictions can trigger deportation or inadmissibility proceedings. These consequences don’t fade with time the way a misdemeanor might in practical terms. Fighting the charge from the start can be more valuable than managing the fallout afterward.

Start Your Defense with a Free Consultation

If you or someone you know is facing aggravated assault charges in San Antonio or anywhere in Bexar County, time matters. The earlier we can review the facts, evaluate the evidence, and begin building a defense, the more options may be available to you. The Law Office of John J. Fox offers free case consultations, and we’re ready to help.

Call The Law Office of John J. Fox at (210) 460-1221 or reach out through our online contact form to schedule your free consultation today.