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What is the jail time for a first offender aggravated assault?

Houston, TX |
Filed under: Criminal defense

what is the jail time for a first offender aggravated assault?

Attorney Answers 2


  1. Aggravated assault is a 2nd degree felony and carries up to 20 years in prison (and the possibility of deferred adjudication probation) as the potential sentence. There is no jail time involved unless the case is reduced to a misdemeanor.


  2. Aggravated Assault can be either First Degree Felony or Second Degree Felony. The Texas Penal Code provides as follows:

    Sec. 22.02. AGGRAVATED ASSAULT.
    (a) A person commits an offense if the person commits assault as defined in Sec. 22.01 and the person:
    (1) causes serious bodily injury to another, including the person's spouse; or
    (2) uses or exhibits a deadly weapon during the commission of the assault.
    (b) An offense under this section is a felony of the second degree, except that the offense is a felony of the first degree if:
    (1) the actor uses a deadly weapon during the commission of the assault and causes serious bodily injury to a person whose relationship to or association with the defendant is described by Section 71.0021(b), 71.003, or 71.005, Family Code;
    (2) regardless of whether the offense is committed under Subsection (a)(1) or (a)(2), the offense is committed:
    (A) by a public servant acting under color of the servant's office or employment;
    (B) against a person the actor knows is a public servant while the public servant is lawfully discharging an official duty, or in retaliation or on account of an exercise of official power or performance of an official duty as a public servant;
    (C) in retaliation against or on account of the service of another as a witness, prospective witness, informant, or person who has reported the occurrence of a crime; or
    (D) against a person the actor knows is a security officer while the officer is performing a duty as a security officer; or
    (3) the actor is in a motor vehicle, as defined by Section 501.002, Transportation Code, and:
    (A) knowingly discharges a firearm at or in the direction of a habitation, building, or vehicle;
    (B) is reckless as to whether the habitation, building, or vehicle is occupied; and
    (C) in discharging the firearm, causes serious bodily injury to any person.

    A first degree felony carries possible prison time of 5-99 years or life with parole. A second degree felony carries possible prison time of 2-20 years. Parole eligibility generally begins after 25% of the time sentenced is expired. However, offenses listed in Section 3g of Texas Code of Criminal Procedure, Article 42.12, (which includes any offense wherein a deadly weapon was used or exhibited)do not become eligible for parole until 50% of the time sentenced is served.

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