Conviction for the crime of aggravated assault with a lethal weapon — a second-degree felony in Texas — can carry prison sentences ranging from 2 to 20 years and a fine of up to $10,000. If the assault involves domestic violence, the charge may be a first-degree felony, punishable by up to life imprisonment. If you are facing an assault charge or something exaggerated, you will need an experienced lawyer by your side to protect your legal rights. With an experienced lawyer, you will have a lawyer to get the best possible outcome from your case. Schedule a consultation with our Houston Office of Criminal Defense today to learn more about your options. In fact, rare cases have shown that strikingly different elements can be interpreted as lethal weapons – even an image sent electronically via a tweet. Allegations of serious injury are associated with severe penalties. When you add a deadly weapon in Texas, it only gets worse. With a lawyer by your side, you have someone preparing a solid defense that protects your rights and interests. Regardless of Texas` lethal weapons laws, a lethal weapon could be described as dangerous or deadly (deadly) by having the ability to cause serious physical harm and even death. At the time, according to NBC News, “experts in technology and cyberbullying law said this was likely the first time a GIF was considered a deadly weapon in a physical attack.” The word “everything,” used twice in the act, can include many types of firearms in addition to firearms.
And “how it is used or intended use” opens up the definition to more things, depending on how they were used. For crimes where an allegation of a lethal weapon is not an element of the crime, prosecutors always have the option to seek a positive finding. In these situations, they must communicate their intention to seek such a determination, similar to what they would do with an increase in the penalty. While a written statement of intent may suffice, as with sentence enhancements, best practice is the sale of lethal weapons in the indictment, as with penal enhancements. The jury`s indictment should then include instructions on the special subject and a verdict form for it. In some cases, a person may argue that they were not in possession of a lethal weapon. An accused could also argue that their actions were unintentional. A word of warning. It is not enough that the object could theoretically cause serious bodily injury in any scenario. Someone must indeed be put in danger.
This question often arises in cases where one escapes arrest with a vehicle that describes the vehicle as a deadly weapon. The Court of Criminal Appeal held that “a fatal discovery of weapons is appropriate if there is sufficient evidence of actual danger, such as evidence that another motorist was on the highway at the same time and place as the defendant when driving dangerously.” [8] The simple test is to ask who was endangered by the accused. If you can`t point the finger at a person or vehicle (if we`re talking about an avoidance scenario) that was at risk, you may have trouble finding a deadly weapon. In 2002, a Houston woman suspected her husband was having an affair. She used her car as a deadly weapon by repeatedly knocking him over in the parking lot. The state convicted her of murder and she was serving a 15-year sentence before her release in 2018. The Texas Penal Code defines “assault with a lethal weapon” as a possible first-degree felony when one of the following conditions is met: A person commits the crime of grievous bodily harm in Texas when he commits an assault within the meaning of Section 22.01 of the Texas Penal Code and inflicts grievous bodily harm on another person, But serious bodily harm can also be assault, committed with a deadly weapon. The term lethal weapon may seem subjective, but the Texas Penal Code lists several types of weapons that are considered lethal weapons. Human fists, hands, feet or even teeth can also be considered deadly weapons.
In fact, in Texas, a defendant`s martial arts training can result in his body being considered a lethal weapon for bodily injury. A prosecutor who charges an accused with a crime such as “assault with a lethal weapon” must prove that the defendant attacked the victim with a firearm and that the weapon was indeed lethal. Whether or not a weapon was lethal is a question of fact usually left to the jury. The investigator decides after reviewing the evidence presented and the facts. The physical characteristics of the weapon, as well as how the defendant handled it, are important factors in the investigator`s decision. In addition, the size and weight of the weapon are often taken into account, as well as the degree of force used by the accused and the nature and physical location of the victim`s injuries. As we all learned in the baby prosecutor`s office, obtaining evidence from our case in court begins when we, as prosecutors, train future jurors. While we can throw a definition on a slide, give a few examples, and move on, crowdsourcing our panel examples can be much more engaging (and interesting).