Aggravated Assault Attorney in Tyler, TX

Felony Assault Defense in Smith County State & Federal Courts

An aggravated assault charge in Texas is a felony from the moment it’s filed. The consequences reach far beyond the courtroom, and the decisions made early in the process shape every option that follows. At Rollings Wood & Pace, we’ve defended clients against serious criminal charges in Smith County and across Texas since 2011. Attorneys Brian Rollings and Jeff Wood lead the firm, and because we handle both state and federal cases, you won’t need a different attorney if your charge moves between systems. Se Habla Español.

We offer free consultations to review your charges, walk through the evidence, and discuss what a defense might look like.

Facing an aggravated assault charge in Tyler? Contact Rollings Wood & Pace now at (903) 408-3332 to schedule your free consultation.

What Makes an Assault “Aggravated” Under Texas Law

Simple assault and aggravated assault are legally distinct charges with very different consequences. Under Texas Penal Code Section 22.02, assault becomes aggravated through one of two paths: causing serious bodily injury to another person, or using or exhibiting a deadly weapon during the offense. That second path doesn’t require the weapon to cause any harm. Exhibiting it during the assault is enough to trigger the charge.

Texas law defines serious bodily injury as 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 any firearm and extends to everyday objects like vehicles, bottles, and tools when used in a way capable of causing death or serious bodily injury. The prosecution doesn’t have to prove you acted intentionally, either. Recklessness is sufficient for a conviction.

These charges arise in contexts that often surprise people: domestic disputes, bar confrontations, road rage incidents, and situations where someone believed they were acting in self-defense.

Aggravated Assault Penalties in Texas

Most aggravated assault charges begin as a second-degree felony, punishable by 2 to 20 years in prison and a fine up to $10,000. Several circumstances push the charge to a first-degree felony, carrying 5 to 99 years or life, plus fines up to $10,000.

First-degree felony elevation applies when the assault:

• Involves a deadly weapon and targets a family member, household member, or dating partner
• Is committed by or against a public servant acting in an official capacity
• Targets a peace officer, judge, security officer, or process server
• Is carried out in retaliation against a witness or informant

A deadly weapon finding by the jury carries an additional consequence under Texas Government Code Section 508.145: the defendant may be required to serve half the sentence or 30 years, whichever is less, before becoming parole eligible. When serious bodily injury involves a family or household member and a deadly weapon, deferred adjudication is statutorily prohibited. Aggravated assault cases in Smith County are heard at the district court level, including the 7th, 114th, and 241st Judicial District Courts in Tyler.

Consequences That Outlast the Sentence

A felony conviction doesn’t end when the sentence is served. A permanent criminal record follows, appearing on employer background checks, landlord screenings, and licensing board reviews. Federal law permanently prohibits anyone convicted of a felony from possessing firearms. Professional licenses in healthcare, education, law enforcement, and finance may be suspended, denied, or revoked. For non-citizens, a felony conviction can directly affect immigration status.

There’s also a forward-looking risk: a prior felony can be used to enhance sentences in any future criminal case. Depending on how your case resolves, expunctions and non-disclosure proceedings may be available. We handle both.

How We Defend Aggravated Assault Charges in Tyler

Every case starts with a close examination of the evidence and how law enforcement conducted the investigation. Procedural errors, unconstitutionally obtained evidence, and inaccuracies in police reports have proven decisive in past cases, and we look for them in every file we open. Our familiarity with how Smith County prosecutors approach these charges informs how we build strategy from the start.

Defense Strategies We Evaluate

Defense approaches vary by case, but several apply frequently to aggravated assault charges:

• Self-defense: Texas Penal Code Chapter 9 permits the use of force when immediately necessary to protect against another person’s unlawful force. Self-defense is a viable path in many of these cases.
• Challenging the deadly weapon designation: If the object in question doesn’t meet the legal standard, that designation can be contested, potentially reducing the charge.
• Contesting the required mental state: The prosecution must prove intentional, knowing, or reckless conduct beyond a reasonable doubt. When that proof is thin, it’s a point of attack.
• Evidence and witness challenges: Witness credibility, consistency of injury evidence with the alleged conduct, and chain of custody for physical evidence are common lines of challenge.

Not every case goes to trial. Negotiation with prosecutors can result in reduced charges, alternative sentencing, or probation, depending on what the evidence supports. Our case results include a No Bill by Grand Jury in a murder and aggravated assault with a deadly weapon matter. Past outcomes don’t predict future results, but they reflect the level of preparation we bring to every case.

Why Tyler Clients Choose Rollings Wood & Pace for Aggravated Assault Defense

Since 2011, we’ve defended thousands of clients in Smith County and throughout Texas. Our team-based structure means more than one attorney reviews strategy and preparation on your case, not just the attorney who takes your call. That collaborative approach runs from the first consultation through resolution. Because we handle both state and federal criminal cases, our clients don’t need to find a different attorney if the case changes course.

We hold memberships in the Texas Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers, the Smith County Bar Association, the State Bar of Texas, and the Texas Bar Foundation.

Talk to an Aggravated Assault Attorney in Tyler Today

The earlier you act, the more options remain open. Waiting narrows what’s possible as the case moves forward. Our free consultation gives you a clear picture of the charges, the evidence, and what a defense could look like for your situation.

Call Rollings Wood & Pace at (903) 408-3332 to speak with an aggravated assault attorney in Tyler. Your consultation is free and confidential.