McKinney Aggravated Assault With a Deadly Weapon Attorneys
Lawyers for Assault Charges Involving Firearms or Other Weapons in McKinney, Texas
While assault can be a serious criminal charge, especially in situations involving allegations of aggravated assault, the most severe charges will often involve the use of weapons. When a person is accused of using a gun or another dangerous weapon to harm someone else, prosecutors will be more likely to take an aggressive stance and pursue harsh penalties. A person who is convicted of aggravated assault with a deadly weapon could face decades in prison, which highlights the importance of a strong defense by an experienced attorney.
The team at Texas Defense Firm works with clients in McKinney, the greater Dallas area, and across the North Texas region to address charges of aggravated assault and other types of violent crimes. We understand what prosecutors will need to prove to secure convictions in these cases, and we can develop effective defense strategies to help our clients avoid felony convictions or resolve their cases in ways that will minimize the penalties that may apply. We will fight to protect our clients' rights at all times and keep them advised on the steps that can be taken to secure positive outcomes to these matters.
What Qualifies as a Deadly Weapon?
To be considered a deadly weapon, an item must be capable of killing a person or causing someone to suffer a serious bodily injury. In addition to items that are designed to injure or kill people, deadly weapons may include a variety of other everyday objects that could potentially inflict serious injuries. Items that may be considered deadly weapons in aggravated assault cases include:
- Firearms, including handguns, rifles, and shotguns
- Knives, box cutters, and other bladed instruments
- Blunt objects such as bats, clubs, hammers, or tire irons
- A vehicle that was allegedly used to strike a person on purpose
- Household items like tools or heavy objects that were used to strike someone and cause an injury
An object's classification as a deadly weapon will depend on how it was allegedly used, even if it was not used for its intended purpose. Prosecutors generally do not need to prove that a weapon was designed to cause harm, but they will need to show that it was capable of inflicting a serious injury when used in the manner described during a case.
Why Certain Uses of Deadly Weapons Can Lead to Increased Penalties
When aggravated assault involves a deadly weapon, a person may be charged with a second-degree felony. However, there are certain circumstances where a person may face first-degree felony charges. These include:
- Serious Bodily Injury to a Family Member: In cases involving allegations of assault family violence, a person who is accused of using a deadly weapon against a member of their family or household could face first-degree felony charges. These charges will typically apply if a person's actions allegedly led to a serious bodily injury or a traumatic brain injury or spine injury that caused paralysis or a persistent vegetative state.
- Firearms and Vehicles: When aggravated assault charges involve the use of a gun while in a vehicle, a person may face more serious penalties. First-degree felony charges may apply if a person allegedly fired a gun in the direction of a building or another vehicle and caused an injury, caused someone to fear that they would be seriously injured, or damaged property.
- Mass Shooting: When an aggravated assault was allegedly committed with a firearm as part of an incident involving multiple victims, including a school shooting, another shooting in a public place, or a shooting where several people were injured, first-degree felony charges may apply. Because of the risks involved in these types of incidents, prosecutors are likely to pursue harsh penalties against people who are accused of committing mass shootings.
Defense Strategies in Aggravated Assault Cases Involving Deadly Weapons
Our attorneys can help clients understand what steps they can take to defend against the harsh penalties that may apply for a conviction of aggravated assault with a deadly weapon. We may challenge whether an object should be considered a deadly weapon based on its intended use, how it was actually used, and whether it was likely to cause serious injuries or death.
Self-defense may be a factor in certain types of aggravated assault cases. A reasonable level of force may be justified depending on the situation, including deadly force in certain cases where that may have been necessary to protect a person or someone else against harm. By reviewing the circumstances surrounding an incident, we can make sure all factors affecting a person's actions will be fully considered, and we will take steps to show that they acted lawfully.
Contact Our McKinney Aggravated Assault With a Deadly Weapon Attorneys
The attorneys at Texas Defense Firm will closely review what happened in a case where a person has been accused of aggravated assault. We can look at what weapon was allegedly used, the severity of any injuries that occurred, and other factors to identify the best options for defense. We can take steps to address any accusations against a person, argue that they did not commit the offense in question, show that they were identified incorrectly, demonstrate that they were acting within the law, or take other steps to defend against a conviction.
Because of the severe penalties that a person may face in these cases, a strong defense is essential. To get the representation needed when defending against felony charges, contact our McKinney, TX aggravated assault with a deadly weapon defense lawyers at 972-369-0577 and schedule a free consultation.
