When a person is said to have assaulted a person or several people, this means that they attempted to cause injury. In many situations, a person does not need to have physically caused harm to be accused of assault. A threat of injury that includes violence or force can be enough to cause a person to be found guilty of assault.
A person can be charged with aggravated assault when they act on a more reckless or dangerous level. For example, the presence of a deadly weapon in the assault will cause it to be defined as an aggravated assault. Additionally, an assault that happens in a person’s home is usually treated as an aggravated assault.
If you have been accused of committing aggravated assault in Texas, you will need to go about finding ways to defend yourself. You may be able to reduce the seriousness of the charge down to simple assault, or you may be able to show your innocence. When defending yourself against aggravated assault, you must first work to establish the reasoning behind the aggravating aspect of the allegations made against you.
There must have been an overt act
Any type of assault needs to involve an overt act that causes fear of harm in the alleged victim. This could be an act such as entrapping a person in a certain space and not allowing them to escape. It could alternatively be moving toward the person in a way that shows the potential to cause harm. If you only used words without overt action, you may be able to prove that you did not commit assault.
There must have been an intention to cause severe harm
A deadly weapon could be something as simple as a kitchen knife. The benign act of holding a kitchen knife is not enough for a person to be charged with aggravated assault. A person can only be charged if it can be shown that they had the intention of using the deadly weapon to cause harm.
If you did not cause harm to a person, there are many possibilities for you to defend yourself from aggravated assault charges in Texas. Showing a lack of intent or the lack of an overt action are just two possible routes.