Aggravated Assault

Aggravated Assault Defense Attorney in Georgetown

Former Texas Prosecutors Defending Felony Assault Charges in Williamson County

An aggravated assault charge in Texas is a felony from the moment it’s filed. The consequences move fast, and the Williamson County District Attorney’s Office prosecutes these cases aggressively. At Winters & Chidester, our attorneys James Winters and Veronica Chidester both worked inside Texas prosecution offices before entering private defense practice. James spent nearly 10 years prosecuting misdemeanors through felonies, including aggravated robbery and capital murder cases, in Travis County and Bell County. Veronica served as a chief misdemeanor and family violence prosecutor and worked in the felony criminal trial court division at the Travis County District Attorney’s Office. That background means we understand how the other side builds its case, and we use that knowledge to build yours.

We represented a client charged with Aggravated Assault with a Deadly Weapon who also faced an immigration hold. By presenting self-defense issues directly to the prosecutor, we secured a dismissal and expedited our client’s release. Past results don’t guarantee future outcomes, but this case reflects the kind of early, strategic engagement we bring to every matter.

If you’re facing aggravated assault charges in Georgetown or anywhere in Williamson County, contact Winters & Chidester at (512) 961-4555 for a free consultation. We serve clients in English and Spanish.

What Makes an Assault “Aggravated” Under Texas Law

Texas Penal Code Section 22.02 elevates a standard assault to aggravated assault under two distinct conditions: the person intentionally, knowingly, or recklessly causes serious bodily injury to another, or the person uses or exhibits a deadly weapon during the commission of an assault. The State only needs to prove one of these elements, not both, to pursue a felony charge.

Serious bodily injury is defined under Texas law as an injury that creates a substantial risk of death, causes serious permanent disfigurement, or results in protracted loss or impairment of any bodily member or organ. That threshold matters enormously because it separates a Class A misdemeanor from a felony. Deadly weapon is interpreted broadly: firearms and knives qualify, but so do vehicles, blunt objects, and in some strangulation cases, a person’s own hands.

Aggravated Assault Penalties in Texas

Aggravated assault is generally charged as a second-degree felony, carrying 2 to 20 years in state prison and a fine of up to $10,000. The charge escalates to a first-degree felony when the alleged victim is a family member, a public servant, or a security officer, when the assault is committed in retaliation against a witness or informant, or when a firearm is discharged from a motor vehicle. A first-degree felony carries 5 to 99 years or life in prison, plus up to a $10,000 fine.

A deadly weapon finding adds another layer of restriction. Texas law requires a person convicted with that finding to serve at least half their sentence or 30 years, whichever is less, before becoming eligible for parole. That finding can also limit eligibility for community supervision. These aren’t abstract numbers: a felony conviction can reshape every part of a person’s life.

How We Defend Aggravated Assault Charges in Georgetown

Because we prosecuted violent felony cases in Texas, we know which facts the Williamson County District Attorney’s Office looks for when evaluating an aggravated assault case and where those cases are most vulnerable to challenge. We don’t apply a generic defense template. Every strategy is built from the specific facts, evidence, and people involved.

The categories of defense we evaluate in aggravated assault cases include:

Self-defense and defense of others: Texas law recognizes that a person who reasonably believed force was necessary to protect against another’s use of force may have a complete defense to the charge. Establishing that belief, with evidence, can negate criminal liability.
Challenging the serious bodily injury element: Whether the alleged injury actually meets the legal threshold is a factual question. Narrowing it to simple bodily injury can mean the difference between a felony and a misdemeanor.
Challenging the deadly weapon classification: Not every object or act meets the statutory definition under the specific circumstances of an incident. This classification directly drives felony elevation, so contesting it matters.
Lack of intent, alibi, and false accusation: Intent is a required element of the offense. Mistaken identity, false allegations, and absence from the scene are all viable avenues depending on what the evidence shows.

Evidence review begins immediately after we take a case. Surveillance footage, witness statements, medical records, and physical evidence all need to be gathered and preserved as early as possible.

How Aggravated Assault Cases Move Through Williamson County Courts

All felony cases in Williamson County, regardless of which city the charge originates from, are filed and heard at the Williamson County Justice Center in Georgetown. The Williamson County District Attorney’s Office prosecutes these cases. Before formal charges can proceed, Texas law requires every felony to be presented to a grand jury for indictment.

That grand jury window is significant. A defense attorney can submit evidence, witness statements, and legal arguments that challenge the charge before a vote is taken. Felony cases in Williamson County can take six months to two years or more to resolve. The earlier we’re involved, the more opportunity we have to shape what happens next.

Talk to an Aggravated Assault Defense Lawyer in Georgetown Today

The decisions made in the first days and weeks after an aggravated assault charge can affect everything that follows, from whether charges are filed at all to how the case is positioned for trial or negotiation. Winters & Chidester offers free consultations so you can understand your options without any upfront commitment. We provide legal services in both English and Spanish.

Call Winters & Chidester at (512) 961-4555 to speak with an aggravated assault defense attorney in Georgetown. The sooner we’re involved, the more we can do.

Consequences Beyond the Courtroom

A felony conviction for aggravated assault follows a person long after any sentence is served. Background checks run by employers, landlords, and professional licensing boards will surface the record. Texas felony convictions can result in the loss of firearm rights and the loss of voting rights until the full sentence, including any period of parole or probation, is completed. Certain professional licenses become unavailable or subject to revocation.

For non-citizens, the stakes are higher still. An aggravated felony conviction under federal immigration law, which is a separate classification from Texas’s state felony categories, can trigger deportation or permanent bars to legal status. A conviction can also affect child custody determinations, eligibility for federal financial aid, and access to housing. These consequences make the charge worth fighting at every stage.

The Pre-Charge Window: When Early Action Matters Most

In Texas, law enforcement may investigate an alleged aggravated assault before the case ever reaches a grand jury. That investigation period is a point of significant defense leverage. Retaining an attorney before charges are formally filed allows us to engage with the prosecution early, preserve favorable evidence, and in some cases seek to prevent an indictment from being sought at all.

We’ve secured results at this stage before. In the Aggravated Assault with a Deadly Weapon case referenced above, presenting self-defense issues to the prosecutor before resolution led to a dismissal. Past results don’t guarantee future outcomes, but early involvement gives the defense options that simply aren’t available after an indictment is handed down. If you know or suspect you’re under investigation for aggravated assault in Georgetown or Williamson County, contact Winters & Chidester at (512) 961-4555 before charges are filed.

Real People. Real Wins.

Review Some of Our Results to See for Yourself What We’ve Worked to Achieve

As Georgetown criminal attorneys, we recognize the importance of what we do. Our goal is to help our clients face brighter futures, all while protecting their constitutional rights to the fullest. We couldn't be more proud of the people we've helped and the lives we've changed.

View All Results

Case dismissed Property Theft Case
Case Dismissed Aggravated Assault with a Deadly Weapon
Our client was charged with aggravated assault with a deadly weapon family violence. We were able to get the case reduced to a misdemeanor and ultimately dismissed.
Case Rejected Aggravated Sexual Assault of a Child
We represented a client charged with aggravated sexual assault of a child. By acting early, reviewing the evidence thoroughly, and providing key information to the prosecutor, we built a strong defense that led to the case being no-billed and rejected.
Case dismissed Assault Family Violence
We represented a client accused of assault family violence. The prosecutor offered probation, but we were able to secure a dismissal for our client.
Protective order denied Assault Family Violence
We represented a client accused of assault family violence whose alleged victim sought a protective order. During the contested hearing, we successfully prevented the issuance of the protective order.